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Russian Federation Anti-Gay Laws: 
An Analysis & Deconstruction 



Brian M. Heiss 

January 21, 2014 



Table of Contents 

PREFACE 3 

EXECUTIVE SUMMARY. 6 

10 Things You Didn't Know About Russia's Anti-Gay Law & LGBT Rights 6 

CHAPTER 1: THE SURPRISING STORY OF HOW RUSSIA'S ANTI-GAY LAW EMERGED IN US 
BROADCAST MEDIA 7 

The Earliest Coverage by US Broadcast Media 8 

An Unlikely Voice Emerges, News Coverage Follows 10 

A Brilliant Public Relations Tactic 12 



CHAPTER 2: DECONSTRUCTING & UNDERSTANDING THE LAW THAT SPARKED AN INTERNATIONAL 



OUTCRY 14 

The Regional Bans on Propaganda 15 

What caused the Russian Federation legislature to address the issue of propaganda of non-traditional 

sexual relations to minors?- 15 

Trusted or Respected Individuals, Horrifically Homophobic Words 16 

Analysis of Russian Federation Federal Law Nq 135-FZ 18 

Examining the Penalties for Violating N 135 - FZ 19 

Overall Penalties for Distributing Information that is Deemed Harmful to the Health of Children 19 

Penalties for Violations Specifically Related to Non-Traditional Sexual Relations 20 

Penalties when Media is Utilized to Commit the Previously Mentioned Violation 20 

Penalties to Non-Citizens Who Distribute Material to Children Focused on Non-Traditional Sexual 

Relations 21 

Penalties for Non-Citizens who Used Media to Distribute Material to Children Focused on 
Non-Traditional Sexual Relations 21 



CHAPTER 3: EXAMINING JUDICIAL RULINGS FROM 7 YEARS OF REGIONAL VERSIONS OF THE LAW 
AND 6 MONTHS OF THE FEDERAL LAW. 24 

A Closer Look: 7 Years of Regional Bans of the Propaganda of Non-Traditional Sexual Relations 

to Minors 24 

The Variations in the Language of Individual Regional Bans 25 

Prosecutions of those Violating the Regional Propaganda Laws 26 

The Impact on the Federal Ban on Propaganda of Non Traditional Sexual Relations to Minors... 31 

Dimitry Isakov's Nobel Act and His Parent's Disgusting Response 32 

Pride Leads to a Courageous Act of Civil Disobedience. 33 

A Key, Pro-LGBT Development Goes Unnoticed: Russia Agrees to Protect LGBT at 24 th United 
Nations Human Rights Council 33 



CHAPTER 4: COMPARING LGBT RIGHTS IN THE RUSSIAN FEDERATION AND THE UNITED STATES- 35 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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CHAPTER 5: THE U.S. HAS NO TOLERANCE FOR ANTI-LGBT POLICIES IN ALL COUNTRIES OR JUST 
ONE COUNTRY? 54 

CHAPTER 6: WHAT IS MOTIVATING THE U.S.-LED CAMPAIGN OF PROPAGANDA AGAINST THE 
RUSSIAN FEDERATION? 59 

Why has the US government and media propagated inaccurate information about the Russian 

Federation's ban on propaganda of non-traditional sexual? 59 

Russian Box Office Is a Critically Important Revenue Stream for Hollywood 63 

Key Facts About Russia's Growing Importance to Hollywood:- 63 

Russia's Rapid Entertainment & Media Market Growth in All Consumer Segments 65 

The Potentially Enormous Impact on Corporations Who Violate Russian Federation 

Federal Law N° 135-FZ 66 

Take for Example the Viacom Corporation:- 67 

The Potential Impact of a Violation 69 

the Pinnacle Question: 69 

AFTERWORD. 71 



Krasnoyarsk, Siberia. Mr Slonov is with the 11-12 Gallery http://www.n-l2gallery.com/artists/vasily-slonov 



About the Cover Image: 

The cover artwork of this paper is part of the "Welcome! Sochi 2014" series by artist Vasily Slonov of 
Krasnoyarsk Siberia. Mr Slonov is with the 11-12 Gallery http://www.l1-12gallery.com/artists/vasily-slono 
The work is being used , in this freely distributed white paper, in conjunction with Article 19 of Russian 
Federation Law on Copyright and Neighboring Rights! 



1 http://www.copyright.ru/ru/documents/zakoni/ 



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Preface 



As a college student in 1998 the horrific murder of Matthew Shepard was the catalyst 
that both laid the foundation for my own coming out and inspired me to become 
involved in working to move the needle towards inclusion and equality for the Lesbian, 
Gay, Bisexual, Transgender (LGBT) community. 

For background, the personal journey I began after Matthew's murder influenced my 
professional career path which has primarily focused on diversity and inclusion. As a 
diversity practitioner I have provided strategic counsel to and worked closely with the 
senior leadership of several major corporations, nonprofits and educational institutions 
to develop innovate, savvy and business-centric solutions to align diversity and inclusion 
imperatives with their existing marketplace, talent and operational objectives. I have 
authored and edited several major research-based benchmarking publications and white 
papers that focused on all areas of workplace diversity management from recruitment 
and retention and affinity groups to supplier diversity and crisis communications. 
These publications have been an important resource for corporations formulating, 
revising and enhancing their comprehensive strategic diversity plans. As a journalist 
and managing editor I have conducted countless broadcast (TV, radio) interviews 
focused on various diversity issues with CEOs of the world's largest public and 
privately-held companies, prominent US government officials (both elected & 
appointed), key leadership & ownership of professional sports leagues & teams and 
prominent individuals in the world of entertainment and the arts. 

Needless to say, the advancement of LGBTQQI rights (and all human rights) in both the 
United States and abroad are very important to me and so much of my personal and 
professional life has focused on advancing equality and tolerance. 

This past summer, about a month after the US Supreme Court ruled the Defense of 
Marriage Act was unconstitutional and also overturned California's Proposition 8, the US 
media began extensive reporting on a new Russian anti-gay law that outlawed 
"homosexual propaganda" and allowed violators to be fined and foreign violators to be 
arrested. Legislating inequality is something that disgusts me, but since the United 
States has a long, continued history of legislating against the LGBTQQI community I was 
not shocked that another country would do the same. However there was something 
about the reporting that bothered me, I knew from early reporting that the law banned 
"propaganda of nontraditional sexual relations to minors," but the word minors or 
children was never mentioned by the media; but I did not think much of it. 



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On August 4, 2013 2 my perception of the Russian anti-gay law would be challenged by 
two men whose analysis and insights I greatly respect: Adam Curry 3 and John C Dvorak 4 
of the No Agenda Show. 

For those unfamiliar with the No Agenda Show, it is a free-flowing conversation between 
Adam and John where they deconstruct news stories and analyze public relations 
agencies involvement; political motivations; secondary sources; in an effort to extract the 
elements of a given topic that the mainstream media fails to explore. They do not 
approach their analysis from a political slant, instead they examine the source material 
(legislation, studies, testimony, court filings, official reports, etc), their deep 
understanding of people and their unapparelled ability to dissect today's media, politics, 
society and culture which results in the most well-researched, rational and shrewd 
analysis available. 

It is important to know that on August 4, Adam was broadcasting from the Netherlands 
where he and his wife were visiting Adam's daughter and her girlfriend. I mention this 
because prior to discussing the Russian law, Adam had told John about the fantastic 
family outing he, his wife, daughter and her girlfriend had the day before: participating 
in the Amsterdam Gay Pride Parade as part of the OUT TV float. (You should also 
know that Adam has long been trying to determine if he puts the B or the Q in 
LGBTQQ.) When the topic of discussion transitioned from the fabulous family outing 
to the Russian anti-gay law I was keenly interested in what he and John would say and 
wondered how harshly he would condemn Russia; as Adam presented his analysis I 
found myself surprised at what I was hearing and growing more convinced that Adam's 
analysis was completely inaccurate. The analysis concluded with references to several 
things that I had not heard reported by any US media and John, who had not researched 
the Russian law, found Adam's analysis plausible. 

The fact that both Adam and John are true supporters/allies of the LGBTQQI community 
made it impossible to dismiss their analysis superficially; so that Sunday afternoon with 
great confidence I became a man on a mission: to completely disprove their analysis . 

This white paper is the product of that mission. I invite you to read this paper and join 
me on this journey; a journey which included numerous twists and turns, a range of 
emotions and enlightenment, all of which I experienced and have tried to represent in 
my writing. 



2 http://536.NAShownotes.com 

3 http://www.Curry.com 

4 http://www.Dvorak.org 



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Note to Readers: 

Please note that in an effort to be as transparent as possible and provide you with 
sources for further reading, please find that for each fact, statistic, report, quotation, and 
government document that is referenced the reader is provided a full citation . Note the 
Appendix includes the full texts of the "Russian anti-gay law" and full text of each 
section of Federal Law and Administrative Code that have been changed by the 
"anti-gay law. " 



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Executive Summary 



10 Things You Didn't Know About 
Russia's Anti-Gay Law & LGBT Rights 

1. The law never mentions or uses the word gay, lesbian, homosexual or any other 
LGBT identifier. [Chapter 2 & Appendix] 

2. The law focuses on children, it's title is "On Protections of Minors from Propaganda 
of Non-Traditional Sexual Relations". The messaging and strategy to bring the ban 
on propaganda from the law of several regions to national laws is part of a larger 
family values push and is based on the successful anti-same sex marriage push in 
the United States. [Chapter 2] 

3. Russia is actually expanding protections of members of the LGBT community: On 
September 20, 2013 the official delegation of the Russia Federation announced 
their willingness to take all required measures to prevent homophobic hate crimes 
and discrimination on grounds of sexual orientation at the 24th UN Human Rights 
Council. [Chapter 2] 

4. There have been regional (much harsher) versions of the propaganda ban in effect 
for 7 years and there were only 2 convictions for violations of the regional laws and 
both were overturned. [Chapter 3] 

5. In 6 months of the Federal Law there have been 3 convictions: 2 were acts of civil 
disobedience to challenge the legality of the law, the other is a story which you must 
read. [Chapter 3] 

6. Statistically you are far more likely to be the victim of an anti-LGBT Hate Crime in 
the United States than in Russia. [Chapter 4] 

7. In Russia you cannot be fired from your job for being an LGBT individual, in the 
United States you can. [Chapter 4] 

8. Since 1993 gay sex was made legal in Russia, in 12 US States gay sex is a crime. 
[Chapter 4] 

9. While President Obama says "I have no patience for countries that try to treat gays 
or lesbians or transgender persons in ways that intimidate them or are harmful to 
them." his policies demonstrate he has nothing but patience. [Chapter 5] 

10. The group impacted most if found to be in violation of the law: Multinational 
corporations. [Chapter 6] 



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Chapter 1: The Surprising Story of How Russia's 
Anti-Gay Law Emerged in US Broadcast Media 



For most Americans it is not commonplace for the laws of foreign nations to come up in 
casual conversation; sure we all have that friend who rambles on incessantly about 
international affairs, but as reflected by opinion poll 5 s, the average American does not 
hold world affairs to be among the top issues important to them. In my experience, for 
most of us, the focus on another country's laws most often emerges when preparing to travel 
overseas; we will crowdsource people we know who have been to the country and check 
Wikipedia for information in an effort to avoid making an appearance on Locked Up Abroad 
Otherwise, as Americans, we tend to focus on policy issues at home rather than abroad in 
casual discussions . 

In late-July 2013 the laws of a foreign country would take center stage and with it's 
emergence I found myself in the most random situations hearing about, what is colloquially 
referred to as, the "Russian Anti-Gay Law" (Russian Federation Federal Law Ne 135-FZ : On 
the propaganda of non-traditional sexual relations among minors) Russian Federation Law 
No. 135-FZ Propaganda of Non-Traditional Sexual Relationships Among Minors 6 ). Just a 
few of the countless examples I could share: whether while out with friends at a favorite bar 
or club when a friend orders a drink made with Stolichnaya (Stoli) vodka and is told it is 
unavailable because of Russia's anti-gay laws or when I got together with some friends to 
watch the Miss Universe competition and the room was abuzz speculating if host Thomas 
Roberts might go off script and publicly challenge the law [he didn't], or even over the 
holidays when discussing the Sochi Olympics only to have a family member ask how I felt 
about it being illegal to be gay in Russia. 

Although my understanding of the law was vague in late-July, I did know the title of the 
law included the word "minors". I have to admit that I did find it odd that both the 
media coverage I had viewed and the countless, random times the law was brought up in 
conversation that not once was the word "children" or "minors" mentioned in 
conjunction with the law. 

As I began my mission to disprove the Curry - Dvorak analysis of the law 7 I first located 
the full text of the Russian Federation Law No. 135-FZ but since the document was 
written in Russian, in order to get a completely accurate translation, I decided to have an 



5 http://www.gallup.com/poll/166880/americans-rate-economy-top-priority-governmentaspx 

6 Full Text of Russian Federation Federal Law N° 135-FZ available in the Appendix. 

7 See the Preface of this document. 



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expert fluent in Russian do the translation rather than rely on Google. It would be five 
days before I would receive the translated document so in the interim I decided to 
immerse myself in the early media coverage of the law. 

Having studied and been influenced by the work of Marshall McLuhan, whose book 
Understanding Medici introduced to the world to the enigmatic paradox, "The medium 
is the message"; in researching media events I have found that an understanding of the 
emergence of a news story can reveal a wealth of information and lead to a more 
complete understanding of a topic. Curious to learn if there had been any 
fundamental changes in the messaging by broadcast media from the earliest reports 
through the present, I began researching the earliest coverage by American broadcast 
media in hopes of gaining a more complete understanding of the Russian anti-gay laws. 

On June 29, 2013 Russian Federation President Vladimir Putin signed into law a bill 
banning the promotion of "non-traditional sexual relations" to minors (Federal Law No. 
135-FZ aka the "Russian anti-gay law"). 9 Once signed, the law was immediately 
enacted/able to be enforced. 

The Earliest Coverage by US Broadcast Media 



How extensive was the American broadcast news media's 
initial coverage of the signing & enactment of the 
" Russian Anti-Gay Law'? 

If you picked non-existent; you're right! 



The sad reality is that with very few exceptions (where a local news report mentioned it 
in passing and devoting less than 10 seconds of airtime to it), broadcast news media in 
the United States completely ignored the "Russian Anti-Gay Law". 

To be more specific: by completely ignored I am not only referring to the period between 
June 29-30, rather the period I am referring to is June 29 through July 21. During this 
23 days period the "Russian Anti-Gay Law" was never mentioned, debated or analyzed 
by any broadcast network news program (ABC, CBS, NBC, PBS), cable news network 
(CNN, FOX, HLN, MSNBC) or by National Public Radio. 



8 McLuhan, Marshall. Understanding the Media, Mentor Books; 1964. 
9http://en.ria.ru/russia/20130630/181970032/Putin-Signs-Anti-Gay-Bill-lnto-Law.html 



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The print media's coverage, during that same timeframe, was only a a touch better than 
their TV & radio counterparts; as this selection of some of the earliest print articles 
demonstrates the early reports were mostly benign: 

— > Putin Signs Law Banning Gay 'Propaganda' Among Children 10 (Bloomberg) 

— > Russia's Putin signs anti-gay measures into law 11 (Associated Press) 

-> Russia's Bad Weekend for Gay Rights 12 (The Atlantic Wire) 

— > Some US conservatives laud Russia's anti-gay bill 13 (Associated Press) 

— >• Russia Passes Bill Targeting Some Discussions of Homosexuality 14 (NY Times) 



The examination of the earliest coverage revealed that while non-US media prominently 
featured/highlighted the word "children" or "minors" in their coverage, US-based media 
did not. Considering the word "minors" is in the title of the legislation, and as I would 
later learn the words "minors" and "children" are mentioned several times in the 
legislation, the omission of those words in US media coverage was curious if not 
troubling to me; although the explanation could be quite simple: maybe they could not 
find someone to translate the text from Russian to English. 

To help put this the early media coverage in perspective: If you are among the 55% of 
American's whose main news source is television (broadcast or cable) 15 or the the 1% 
whose primary news source is NPR, you would not have heard a word about a new law 
being passed in Russia until 21 July 2013 (that's 3 weeks after the law was enacted). 



10 Rose, Scott. (2013, June 30). Putin Signs Law Banning Gay 'Propaganda' Among Children. Bloomberg. 
Retrieved from 

http://www.bloomberg.eom/news/2013-06-30/putin-signs-law-banning-gay-propaganda-among-children.h 
tml 

11 Staff. (2013, June 30). Russia\'s Putin signs anti-gay measures into law. Associated Press. Retrieved from 
http://bigstory.ap.org/article/russias-putin-signs-anti-gay-measures-law 

12 Ohlheiser, A. (2013, June 30). Russia's Bad Weekend for Gay Rights. The Atlantic Wire Retrieved from 
http://www.theatlanticwire.com/global/2013/06/russias-bad-weekend-gay-rights/66729/ 

13 Crary, D. (2013, July 1). Some US conservatives laud Russia\'s anti-gay bill. Associated Press. Retrieved 
from http://bigstory.ap.org/article/some-us-conservatives-laud-russias-anti-gay-bill. 

14 Kramer, A. (2013, June 11). Russia Passes Bill Targeting Some Discussions of Homosexuality. NY Times. 
Retrieved from 

http://www.nytimes.com/2013/06/12/world/europe/russia-passes-bill-targeting-some-discussions-of-homos 
exuality.html. 

15 (2013). TV Is Americans' Main Source of News. Gallup Poll, . Retrieved from 
http://www.gallup.com/poll/163412/americans-main-source-news.aspx 



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It took 23 days for the Russian Federation's ban of the promotion of "non-traditional 
sexual relations" toward minors to be mentioned on TV or radio— the US broadcast 
media approached reporting the news of the Russian law with the same type of urgency 
that Casey Anthony had to report her daughter missing. 

On 21 July an unlikely voice would emerge and wall to wall coverage of the "Russian 
Anti-Gay Law" would quickly follow complete with a Chyron letting the viewer know that 
they are hearing "Breaking News". 

An Unlikely Voice Emerges, News Coverage Follows 

Who was this unlikely voice that thrust the "Russian Anti-Gay Law" into the spotlight? It 
was none other than renowned Russian domestic policy expert, and one-time Miami 
Vice guest star, Harvey Fierstein whose New York Times Op-Ed on July 21, 2013 was the 
catalyst for American broadcast media coverage. In an Op-Ed titled "Russia's 
Anti-Gay Crackdown" the voice of the Easter Bunny in Elmo Saves Christmas wrote: 

A few days earlier, just six months before Russia hosts the 2014 
Winter Games, Mr. Putin signed a law allowing police officers to 
arrest tourists and foreign nationals they suspect of being 
homosexual, lesbian or "pro-gay" and detain them for up to 14 
days. Contrary to what the International Olympic Committee says, 
the law could mean that any Olympic athlete, trainer, reporter, 
family member or fan who is gay - or suspected of being gay, or 
just accused of being gay - can go to jail. 

Earlier in June, Mr. Putin signed yet another antigay bill, 
classifying "homosexual propaganda" as pornography. 16 



Note to the Reader I greatly admire Harvey Fierstein; he is a truly gifted writer and actor 
as well as a great social justice advocate whose selfless work has helped to de-stigmatize 
LGBTQQI issues and foster an environment of acceptance in America. I am in complete 
agreement with his overall thesis that legislating discrimination is unacceptable. 



16 Fierstein, Harvey. "Op-Ed Contributor: Russia's Anti-Gay Crackdown/The New York Times (2013, July 
21). Retrieved from: http://www.nytimes.com/201 3/07/22/opinion/russias-anti-gay-crackdown.html?_r=0. 



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Fierstein's Op-Ed went "viral" and within 24 hours an event that occurred 24 days earlier 
and ignored by the US media had become "Breaking News". 

Fierstein appeared on most national network and cable news outlets to inform the 
audience about the existence of the "Russian Anti-Gay Law" and explain the details of 
the legislation and it's potential impact to the American viewer. 

Unfortunately, as I would later learn, Fierstein's Op-Ed and media appearances were 
flooded with inaccuracies, wildly extreme assumptions and a lot of emotion (as we 
review the law in the following chapters, you will clearly understand the validity of the 
previous statement). 

At the time of his appearances I was stunned by the information Fierstein was sharing 
and immediately felt that something must be done to help my LGBTQQI brothers and 
sisters in the Russian Federation. 

In retrospect, as you will learn in the subsequent pages, any newsroom's most unskilled 
intern could have quickly debunked several of the falsehoods that Fierstein presented as 
fact. This did not happen and the information shared by Fierstein went completely 
unchallenged — at a time that a producer or editor could have chosen to put a package 
together which would present facts about the law, gay rights in Russia and several of the 
emotional claims Fierstein made; no major media outlet challenged him. 

Not only did Fierstein's messaging go unchecked, it became the messaging used by 
almost every broadcast media outlet and would soon solidify the average viewer's 
understanding of the "Russian Anti-Gay Law". 

Within days a new meme would emerge and be universally accepted: it's illegal to be gay 
in Russia and one can be thrown in jail if he or she is suspected of being gay. 

Social media was aflutter; interestingly as the "outrage" across social media networks 
escalated the amount of airtime devoted to the story increased. Instead of using the 
extra airtime to educate and inform the viewer to allow for a better understanding of the 
law's content, the networks featured content high on emotion and lacking information. 



Again, for full disclosure I must share that for weeks I was among the outraged masses. 

I did not question the accuracy of Fierstein's information because that content became 
the messaging and facts being reported by all broadcast news outlets. I never 
considered reading the text of the law or gaining a better understanding of it 



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While the first two days of wall-to-wall "Breaking News" coverage of the "Russian 
Anti-Gay Law" captured the attention of viewers and was popular in social media, I 
would argue that what occurred on 24 July gave this story the legs it needed to emerge 
as a long-term story that would be a focus through the Olympics. 

A Brilliant Public Relations Tactic 

What happened on July 24, 2013? Dan Savage, the popular columnist and advocate, in 
a shrewd and brilliant move (from a public relations perspective) unveiled the "Dump 
Stoli Vodka" campaign. 

In a column titled "Why I'm Boycotting Russian Vodka" 17 Savage (who disappointingly 
parroted several of Fierstein's most inaccurate claims and a few of his own) conjured up 
the right emotions with his readers and the response to his "Dump Stoli" boycott was 
most impressive— within hours of the article's publication, Sidetrack, Chicago's largest 
gay bar announced it would no longer serve Stoli or any Russian vodka. Sidetrack made 
local and national headlines within 24 hours of their announcement and in the following 
days and weeks several bars across the United States followed the lead of Sidetrack and 
joined the boycott. 

Let me explain how Savage's vodka boycott gave the story got "legs" in the eyes of the 
media: He singlehandedly turned an international story, not just into a national news 
story, but a local news story. This unprecedented personalization of a global story was 
achieved by the bars who joined the boycott staged events bringing together activists 
and bartenders to pour Russian Vodka into the street as the Television cameras captured 
each drop. Considering that most media markets have a gay bar, the boycott is a 
win-win: the local news can localize the story and the bar that agrees to boycott gets free 
publicity (essentially it's free advertising but called news) resulting in more customers. 
Everyone, with the exception of the SPI Group (Soli's parent company), benefits. In 
reviewing many of the local news coverage of the vodka dump events I immediately 
noted that, regardless of media market, the comments made by bartenders and activists 
were the same as the messages pushed by Harvey Fierstein in his New York Time Op-Ed. 

It is beyond disappointing to learn that understand the for 24 days after the law was 
signed the American news media completely ignored it and, after deeming it worthy of 
airtime (aka likely good for business/ratings) it was presented with a "Breaking News" 
Chyron. 

As this journey to understand the Russian law, the 24 day period after it became law 



17 Savage, Dan. "Why I'm Boycotting Russian Vodka." The Stranger 24 July 2013: Web. 
http://slog.thestranger.com/slog/archives/2013/07/24/why-im-boycotting-russian-vodka. 



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that the US media failed to report it was not the most disheartening aspect of the 
coverage: that was the media's failure to inform and educate the viewer about the 
content of the law. 

In addition to not using the word "minor" or "children" in their coverage, not one major 
US news media outlet published the text of Russian Federation Law No. 135-FZ. As of 
this writing it is not easy for the average American to obtain an English translation of 
the law. 

With that in mind, to gain a complete understanding of this major news story, in the 
subsequent chapters together we will become informed and educated about: 
— > Russian Federation Law No. 135-FZ Propaganda of Non-Traditional Sexual 
Relationships Among Minors'; 

— > Areas of Russian Federation Federal Law and Administrative Code changed by the 
"Russian Anti-Gay Law"; 

— > The impact that the local versions of law banning propaganda of non-traditional 
sexual relationships to children had prior to the law being nationalized and Russian 
Court decisions impacting the LGBT community; 

— > The rights afforded to LGBT individuals in Russia and the LGBT communities in 
various Russian cities; 

Then, we will extract any key information acquired through our examination of those 
areas, which when put together will hopefully reveal an accurate understanding of the 
Russian laws regarding propaganda of non-traditional sexual relationships among 
children. Finally we will explore the entirety of the situation, combining both what we 
learn about gay rights in Russia with the American response to the Russian law and 
determine if the American response is purely to advance human rights or might there be 
other potential motivations or interests behind it. 



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Chapter 2: Deconstructing & Understanding the Law 
that Sparked an International Outcry 



n a 2004 Lewis Burke Frumkes Lecture in Philosophy at NYU renowned American linguist, 
activist and media analyst Noam Chomsky said: 



The duty of journalists is to tell the truth. Journalism means you 
go back to the actual facts, you look at the documents, you 
discover what the record is, and you report it that way. 18 



Chomsky's words reflect my own approach to reporting and analysis at the root of which 
is the fundamental importance of primary source material for one to understand the 
basic facts which serve as a framework to begin to cover a story. And when reporting it 
is critical to be transparent through sharing access to the original source material 
alongside news stories so that readers and historians alike can see evidence of the facts. 

As you'll recall from the Preface my reason for examining the "Russian anti-gay laws" was 
to disprove the analysis of the law presented by Curry & Dvorak on the No Agenda Show, 
an analysis which challenged the understanding of the law I had developed from US 
news media coverage and statements by US government officials. 

In order to analyze Russian Federation Federal Law Ne 135-FZ I needed to acquire a copy 
of it translated to English. Generally when devoting significant coverage to a significant 
judicial decision, major legislation (both in the US and abroad) or a key international 
agreement, the larger American news media outlets will provide the reader with an 
electronic copy of the source material via their website. Sadly at the height of the 
coverage in early August 2013 an English translation of Ne 135-FZ was nowhere to be 
found; needless to say this struck me as most peculiar: 



While everyone was talking about the law, 
did anyone actually know what the law said? 



18 http://journalism.nyu.edu/publishing/archives/bullpen/noam_chomsky/lecture/ 



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As mentioned in the previous chapter I was able to obtain the original Russian text of 
the law which I had professionally translated; this and other key primary source materials 
can be found in the Appendix. 

The Regional Bans on Propaganda 

As I began to examine Ns 135-FZ, after reading the translated text I found myself with a 
key unanswered question: 

What caused the Russian Federation legislature to address the issue of 
propaganda of non-traditional sexual relations to minors? 

The earliest roots of legislation, regarding the propaganda of non-traditional sexual 
relations to minors, date back to 2006 in the legislature of the Ryazan 
Oblast region of the Russian Federation. 19 In a change to the region's Code of 
Administrative Offenses the region banned "Public actions aimed at "propaganda" of 
homosexuality (sodomy and lesbianism) among minors." 

In 2011 three additional regions: Kostroma Oblast 20 , Arkhangelsk Oblast 21 , and the City of 
Saint Petersburg 22 enacted similar legislation. 

And in 2012 bans on propaganda of non-traditional sexual relations to minors were 
passed by the legislatures of the following regions of Novosibirsk Oblast 23 , Magadan 
Oblast 24 , Samara Oblast 25 , Krasnodar Krai 26 and Republic of Bashkortostan. 27 In 2013, 



19 Ryazan Oblast Region Code of Administrative Offenses, N 182-03, 
http://guk.ryazangov.ru/upload/iblock/320/182.doc 

20 The Code of Administrative Offenses of Kostroma Oblast, N 352-4-3KO, 
http://www.csp.bmr44.ru/docs/KoAP.doc 

21 The Code of Administrative Offenses of ArkhangelskOblast, N 172-22-03, 
http://docs.cntd.ru/document/962008274 

22 The Code of Administrative Offenses of Saint Petersburg, N 273-70, 
http://www.rg.ru/2012/02/29/zak-piter-admin-pravonarush-reg-dok.html 

23 The Code of Administrative Offenses of NovosibirskOblast, N 99-03, 

http://zakon.scli. ru/ru/legal_texts/legislation_RF/extended/index.php?do4=document&id4=bb5b5d30-e5b6 
-4c17-a470-c97f330223a9 

24 The Code of Administrative Offenses of Magadan Oblast, N 583-03, 
http://base.consu ltant.ru/regbase/cgi/onl ine.cgi?req=doc;base=RLAW439;n=44035 

25 The Code of Administrative Offenses of Samara Oblast, N 
115-http://docs.cntd.ru/document/945017936 

26 The Code of Administrative Offenses of Krasnodar Krai, N 608-K3, 

http://fskn-kuban.ru/2009-02-20-08-12-00/2011-03-02-13-45-23/991-23--2003--n-608-.html 

27 The Code of Administrative Offenses of the Republic of Bashkortostan, N 413-3, 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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prior to the Federal legislation being enacted the Kaliningrad Oblast 28 region enacted 
their own ban. 

As I immersed myself in Russian-based English language news stories from the various 
regions at the time of the bans on bans on propaganda of non-traditional sexual 
relations to minors in each region I began to read messaging and statements that were 
eerily familiar; messaging that included anti-gay measures as one pillar of a faith-based, 
family values movement which seemed to have began in the legislature of the Ryazan 
Oblast region in 2006 and spread throughout the nation. 

Trusted or Respected Individuals, Horrifically 
Homophobic Words 

Well respected elected officials, national religious leaders and even trusted 
commentators were making horrific, anti-gay, hateful statements; some would even call 
for the murder of members of the LGBT community. 

Here is a chronological sample of some of the statements and actions: 

• In the beginning of this values-focused movement a key legislative leader declared 
that homosexuality is a sin and then compared it to such personal problems as 
alcoholism, kleptomania and "sex addiction.' 29 ' 

• Two members of the national legislature tried to withhold federal funds to one 
major city as punishment for a policy they considered to be pro-gay. 30 

• A key national journalist campaigned against legislation that would provide civil 
rights for LGBT individuals declaring "as a person of faith, that we need to extend 
Christian charity to all individuals. That doesn't mean in the public policy realm that 
we need to extend special privileges to individuals based on their private sexual 
behavior." 31 



http://base.consu ltant.ru/regbase/cgi/onl ine.cgi?req=doc;base=RLAW140;n=86850 

28 The Code of Administrative Offenses of KaliningradOblast, N 244, 
http://www.akc2s.ru/KOfleKC-o6-aflMHHHCTpaTMBHbix-HaKa3aHM/ 

29 Senate Majority Leader Trent Lott 

http://www.nytimes.com/1998/06/16/us/lott-says-homosexuality-is-a-sin-and-compares-it-to-alcoholism.ht 
ml 

30 Congressman Rep. Joe Hefley and Frank Riggs. July 1998. 
http://www.pfaw.org/media-center/publications/anti-gay-politics-and-religious-right 

31 Chris Matthews — Hardball with Chris Matthews, August 11, 1998 
http://www.pfaw.org/media-center/publications/anti-gay-politics-and-religious-right 



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• A respected religious leader told his national audience: "I just don't think we should 
craft laws that give privileges on the basis of the way people perform sex acts." 32 

• These values-based leaders used different tactics as the movement grew, there was 
a national campaign which declared that "homosexuals are diseased, and can be 
"cured" with a combination of religious indoctrination and psychological counseling. 
Reparative therapy as practiced by a variety of "ex-gay ministries" includes a large 
dose of gender stereotyping." 33 

• A minister used his sermon broadcast nationally to call for the killing of gay men: 
"I've never seen a man in my life I wanted to marry. And I'm going to be blunt and 
plain: If one ever looks at me like that, I'm going to kill him and tell God he died." 34 
In response his congregation applauded and laughed. 

• The messaging of these religious and political "values" groups equates 
homosexuality with child molesters /pedophiles. 

I mentioned that the Russian family "values" anti-gay movement seemed eerily familiar 
to me... With that in mind you should know that none of the above quotes and events 
are Russian Federation-based; if you review the footnote for each you will learn the 
identity of the national figures in the United States who engaged in their anti-gay 
rhetoric with the movement beginning in 1998 and leading to the re-election of a US 
President whose victory in 2004 is largely the result of the anti-gay wave sweeping the 
nation. 

There is a strong argument supported by evidence to suggest that the religious, political 
and special-interest groups who are pushing the traditional family values agenda in the 
Russian Federation have modeled their efforts on the successful efforts by their 
counterparts in the United States; we've already established that the rhetoric and 
messaging used in the efforts in the Russian Federation and the United States are 
identical. Even the genesis and evolvement of the push to ban propaganda of 
non-traditional sexual relations to minors is strikingly similar and likely based on the 
successes to ban recognition of some or all types of same-sex unions in individual US 
States which began in Hawaii in 1998, followed by Alaska that same year and, after a 
couple years of grassroots actions in individual States leading to widespread success in 



32 Pat Robertson. 700 Club 1998. 

http://www.pfaw.org/media-center/publications/anti-gay-politics-and-religious-right 

33 Ad Campaign. National coverage. 

http://www.pfaw.org/media-center/publications/anti-gay-politics-and-religious-right 

34 Jimmy Swaggart. http://usatoday30.usatoday.com/news/nation/2004-09-22-swaggart-remark_x.htm 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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2004 and continuing to grow to bans in 30 of 50 States in 2012 (with 28 States having 
bans today). 



Analysis of Russian Federation Federal Law NQ 135-FZ 



The most striking takeaway after reading the legislation is: 

- The word "child" "children" or "minors" appears 6 times 
in the legislation. 

- The word "gay" "homosexual" "sexual orientation" "same 
sex" or any LGBT identifier appears Zero times in the 
legislation. 



What makes this revelation so striking is that the terms that the US media fails to 
mention in their coverage is used consistently in the actual legislation and the terms 
that the US media endlessly mention when covering Ns 135-FZ is never used in the 
actual law. 

In lieu of specific references to individuals in the LGBT community the law refers to 
"non-traditional sexual relations/'Usage of the phrase is key to our understanding of the 
law; every time the phrase "non-traditional sexual relations'^ used it is explicitly tied to 
the word"minors" or "children"and also the word "promotion" or "propaganda." 

According to Article 6.21 , 28 "propaganda to minors" is the act of 
distributing information to minors that: 

1. Disseminating of information aimed at forming non-traditional sexual attitudes 
among minors, attractiveness of non-traditional sexual relationships 

2. Presents a distorted image of social equality of traditional and non-traditional 
sexual relationships 

3. The forced imposition of information of non-traditional sexual relationships, which 
can attract interest to such relationships 

The text of the law bans adults from initiating contact with minors/children who do not 
self identify as LGBT for the express purpose of encouraging the minor/child to explore 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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non-traditional sexual relationships when there had not been interest previously. 

There is nothing in the legislation that prevents a minor/child who does not openly 
identify as LGBT but privately seeks out resources as to as they come to terms with their 
sexuality during that difficult period of adolescence that any of us who identify as LGBT 
have experienced. In fact, nothing in the legislation prevents LGBT youth resources to 
provide services to minors who seek out such services. 

Examining the Penalties for Violating N 135 - FZ 

Overall Penalties for Distributing Information that is Deemed Harmful to the 
Health of Children 

If you distribute material to children that is promoting intolerance, advertising alcohol or 
tobacco, promoting inequalities, sharing pornography or glorifying untraditional sexual 
relations the penalties are as follows: 



Classification 


Fine 


Materials 
Confiscated? 


Administrative 
Suspension? 


Individual Russian 


2,000 - 3,000 rubles 


Yes 


N/A 


Citizen 


($61 - 92 USD) 






Russian Officials 


5,000 -10,000 rubles 
($153 - 306 USD) 


Yes 


N/A 


Individual Russian 


5,000 -10,000 rubles 


Yes 


Yes, Up to 


Citizen Selling the 


($153 - 306 USD) 




90 Days 


Material 








Legal Entities 


20,000 - 50,000 rubles 


Yes 


Yes, Up to 


(NGO or Corporation) 


($611 - 1,529 USD) 




90 Days 



35 The Russian Federation Code of Administrative Offenses. Chapter 6. Administrative Offenses 
Detrimental to the health, sanitary-epidemiological welfare and public morals. Article 6.17: Violation of 
the legislation of the Russian Federation on the protection of children from information harmful to their 
health and (or) development. Available at: 

https://docs.google.com/file/d/0B_qUME4dV8P8X0hEa0o0djRZTnM/edit?usp=sharing 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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Penalties for Violations Specifically Related to Non-Traditional Sexual 
Relations 



If you distribute, to children under 16, material which is aimed at glorifying 
non-traditional sexual relations in their young minds or material which imposes the idea 
that there are an equal number of traditional and non-traditional sexual relationships in 
society and therefore presents a distortion of the facts, you are subject to the following: 



Classification 


Fine 


Administrative 
Suspension? 


Individual Russian 


4,000 - 5,000 rubles 


N/A 


Citizen 


($122 -153 USD) 




Russian Officials 


40,000 - 50,000 rubles 
($1,223 - 1,529 USD) 


N/A 


Legal Entities 


800,000 -1,000,000 


Yes, Up to 


(NGO or Corporation) 


rubles 

($24,458 - 30,572 USD) 


90 Days 



Penalties when Media is Utilized to Commit the Previously Mentioned 
Violation 

If the violation outlined above is committed using the media (TV, Film, Radio) or the 
Internet the previous fines apply as well as the following additional penalties: 



Classification 


Fine 


Administrative 
Suspension? 


Individual Russian 


50,000 -100,000 rubles 


N/A 


Citizen 


($1,529 - 3,057 USD) 




Russian Officials 


100,000 -200,000 

rubles 
($3,057 - 6,114 USD) 


N/A 


Legal Entities 


1,000,000 rubles 


Yes, Up to 


(NGO or Corporation) 


($30,572 USD) 


90 Days 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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Penalties to Non-Citizens Who Distribute Material to Children Focused on 
Non-Traditional Sexual Relations 

If an individual foreigner distributes material to children which violates N 135 - FZ, he or 
she will face the following penalties: 



Classification 


Fine 


Additional 






Penalty 


Individual Non-Citizen 


4,000 - 5,000 rubles 


Either: 


or 


($122 -153 USD) 


(a) Expulsion 


Foreign National 




from the Russian 






Federation 






OR 






(b) Arrest for up 






to 15 Days 






followed by 






Expulsion from 






the Russian 






Federation 



Penalties for Non-Citizens who Used Media to Distribute Material to 
Children Focused on Non-Traditional Sexual Relations 

If a violation by an individual foreign national / non-citizen is committed using the 
media (TV, Film, Radio) or the Internet the following penalties apply: 



Classification 


Fine 


Additional 






Penalty 


Individual Non-Citizen 


50,000 -100,000 rubles 


Either: 


or 


($1,529 - 3,057 USD) 


(a) Expulsion 


Foreign National 




from the Russian 






Federation 






OR 






(b) Arrest for up 






to 15 Days 






followed by 






Expulsion from 






the Russian 






Federation 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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It is obvious that these fines are substantial; especially for corporations who face a fine 
of up to one million rubels for each offense. While circa $31,000 USD might seem 
insignificant to a multi-billion dollar global corporation, consider the possibility that the 
corporation facing penalties for violating N 135 - FZ is a US-based media company 
whose distribution in the Russian Federation includes popular American films, television 
shows which originally aired in the States, Russian language versions of their websites 
and a concert promotion subsidiary featuring outspoken artists. Consider the potential 
fines resulting from the total number of violations in PG & G Rated mainstream 
American films and popular family television shows; several major Hollywood 
corporations fine ledger would resemble the iconic, consistently growing amount 
displayed U.S. National Debt Clock on Sixth Avenue in New York City. 

Keep these fines in mind as we will more extensively explore this area later in this paper. 

Conclusion 

Although there is much confusion over what the anti-"propaganda" law means, not even 
its strongest proponents argue that it amounts to the criminalization of homosexuality. 

Simply reading the text of the law and utilizing the materials in the Appendix to 
understand the law in the context of the Russian Federation Administrate Code and the 
Russian Federation Federal Law hopefully provided an enlightenment that the coverage 
of the US media and statements of elected officials have egregiously failed to 
communicate. 

This understanding the law certainly does not allow for us to comprehend it's impact. 
It is important to note that President Putin, his deputies and even the legislators in the 
Duma and Federation Council who advocated the bill's passage have all been consistent 
in their usage of the most broad, non-extremist terms; never failing to mention that 
Russia does not discriminate against LGBT individuals and always noting that the law 
applies to everyone. Their comments serve to reflect the law's non-specific nature 
which only highlights, to those familiar with the text of the law, the fact the law's 
meaning and impact will depend on how the government enforces it and judiciary 
interprets it. 

I mention the law's non-specific nature because the Federal Law does not provide a clear, 
legal definition of "propaganda" or "nontraditional sexual relations"; the best indicator of 
these definitions will come from an examination of the manner which law enforcement 
makes arrests for violations of the law and the court's decisions in cases related to the 
law. Depending on the information gained in our examination of that we will be able 
to see clear indicators to understand if the government will use the law as a tool to 
persecute members of the LGBT community or if the law is benign. 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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We will examine Russian Federation judicial decisions to answer the following key 
questions: 

What types of information creates an interest in nontraditional sexual relations 
if shared with minors? 

What's is considered propaganda of nontraditional sexual attitudes toward 
minors? 

To attempt to answer these questions, in the next chapter we will examine: 

The rights of LGBT individuals in the Russian Federation 

The history of enforcement of the regional propaganda laws and the Court 
decisions related to those laws. 

Examine the impact that Ns 135-FZ since becoming law on 1 July 2013. 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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Chapter 3: Examining Judicial Rulings from 7 Years 
of Regional Versions of the Law and 6 Months of the 
Federal Law 

At the conclusion of our analysis of Russian Federation Federal Law Ns 135-FZ (see 
Chapter 2) we noted that without a legal definition of "propaganda," "distributing 
information," or "nontraditional sexual relations,"the article's interpretation is left 
to the police and the courts to interpret. 

Through an examination of the prosecutions of those charged with violating a ban on 
the propaganda of non-traditional sexual relations to minors, both under the federal law 
and the various regional laws, we will gain valuable insights that should allow us to 
evaluate if the government will utilize the law as a powerful tool to persecute activists 
and other dissenting voices. This examination may also reveal legal precedents which 
provide us with a better understanding of how the government defines: "propaganda," 
"distributing information," or "nontraditional sexual relations." 

A Closer Look: 7 Years of Regional Bans of the 
Propaganda of Non-Traditional Sexual Relations to 
Minors 

The first regional ban of the propaganda of non-traditional sexual relations to minors 
was enacted in the Ryazan Oblast region in 2006. 36 Three additional regions, 
Kostroma Oblast 37 , Arkhangelsk Oblast 38 , and the City of Saint Petersburg, 39 enacted 
bans in 2011. In 2012 similar bans were enacted in five more regions: Novosibirsk 
Oblast 40 , Magadan Oblast 41 , Samara Oblast 42 , Krasnodar Krai 43 and Republic of 



36 Ryazan Oblast Region Code of Administrative Offenses, N 182-03, 
http://guk.ryazangov.ru/upload/iblock/320/182.doc 

37 The Code of Administrative Offenses of Kostroma Oblast, N 352-4-3KO, 
http://www.csp.bmr44.ru/docs/KoAP.doc 

38 The Code of Administrative Offenses of ArkhangelskOblast, N 172-22-03, 
http://docs.cntd.ru/document/962008274 

39 The Code of Administrative Offenses of Saint Petersburg, N 273-70, 
http://www.rg.ru/2012/02/29/zak-piter-admin-pravonarush-reg-dok.html 

40 The Code of Administrative Offenses of NovosibirskOblast, N 99-03, 

http://zakon.scli. ru/ru/legal_texts/legislation_RF/extended/index.php?do4=document&id4=bb5b5d30-e5b6 
-4c17-a470-c97f330223a9 

41 The Code of Administrative Offenses of Magadan Oblast, N 583-03, 
http://base.consu ltant.ru/regbase/cgi/onl ine.cgi?req=doc;base=RLAW439;n=44035 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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Bashkortostan. 44 The ban by the Kaliningrad Oblast 45 in 2013 was the tenth and final 
regional ban enacted prior to the Federal ban In 2013, prior to the Federal legislation 
being enacted the Kaliningrad Oblast 46 region enacted their own ban on propaganda of 
non-traditional sexual relations to minors. 

All the relevant regional laws — although with varying wording — seek to prohibit 
propaganda of non-traditional sexual relations to minors and set administrative fines for 
such an offence. 

Some of the Russian Federation's more defined gay communities are located in some of 
the 10 regions which enacted bans of the propaganda of non-traditional sexual relations 
to minors between 2006-2013. This is an important fact because the ability to 
examine the enforcement and prosecution in an area with a visible LGBT community 
such as St. Petersburg will allow us to ascertain how the Federal ban might impact other 
cities with vibrant, visible LGBT populations and/or neighborhoods. 

The Variations in the Language of Individual Regional 
Bans 

Before we examine the enforcement of the regional bans it is important to share the 
language used in many individual regions. 

Article 7-1 47 of the St. Petersburg Law "On Administrative Offenses in St. Petersburg," 
and Article 2.28 48 of the Samara region Law "On Administrative Offenses in the Samara 
region" read as follows: 



42 The Code of Administrative Offenses of Samara Oblast, N 115-rfl, 
http://docs.cntd.ru/document/945017936 

43 The Code of Administrative Offenses of Krasnodar Krai, N 608-K3, 

http://fskn-kuban.ru/2009-02-20-08-12-00/2011-03-02-13-45-23/991-23--2003--n-608-.html 

44 The Code of Administrative Offenses of the Republic of Bashkortostan, N 413-3, 
http://base.consu ltant.ru/regbase/cgi/onl ine.cgi?req=doc;base=RLAW140;n=86850 

45 The Code of Administrative Offenses of KaliningradOblast, N 244, 
http://www.akc2s.ru/KOfleKC-o6-aflMMHHCTpaTMBHbix-HaKa3aHM/ 

46 The Code of Administrative Offenses of KaliningradOblast, N 244, 
http://www.akc2s.ru/KOfleKC-o6-aflMMHMCTpaTMBHbix-HaKa3aHM/ 

47 Article 7-1: "Public Actions Designed to Promote Sodomy, Lesbianism, Bisexuality and 
Trans-Genderism to Minors," enacted under St. Petersburg Law No 108-18 dated 7 March 2012. 

48 Article 2.28 "Public Actions Designed to Promote Sodomy, Lesbianism, Bisexuality and 
Trans-Genderism to Minors," enacted under Samara region Law No.75-GD dated 10 July 2012. 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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Public actions designed to promote sodomy, lesbianism, bisexuality and 
transgenderism to minors shall be punishable by an administrative fine on 
individuals in the amount of five thousand rubles, on officials in the amount of fifty 
thousand rubles and on legal entities in an amount of from two hundred fifty 
thousand to five hundred thousand rubles. 

The law banning propaganda in both St Petersburg and the Samara Region use the same 
language, fine structure and the definition of public action related to the law to mean- 
Note. For the purposes of this Article, public actions designed to promote sodomy, 
lesbianism, bisexuality and transgenderism to minors shall mean activities for 
purposeful and uncontrolled dissemination of generally available information 
capable of inflicting harm on the health and moral and spiritual development of 
minors, including promotion among them of distorted attitudes with respect to the 
social equality of traditional and non-traditional marital relations 

In 2008 the Kaliningrad region adopted Law No. 217 "On the Protection of the 
Population of Kaliningrad region from Information Products Harming Spiritual and 
Moral Development." 49 The Kaliningrad Regional law was amended in January 2013, 
with Article 8 "Prohibition of public actions designed to promote pedophilia, sexual 
relations with minors, pederasty, lesbianism and bisexuality," which reads: 

Public actions designed to promote pedophilia, sexual relations with minors, 
pederasty, lesbianism and bisexuality shall be prohibited. 

While the Kaliningrad region's draconian amendment passed in 2013 demonstrates a 
close-minded way of thinking, it also violated Russian Federation Federal Law which 
bans the expression and practice of social intolerance and the promotion of inequality. 

Prosecutions of those Violating the Regional 
Propaganda Laws 

I began my research of the prosecutions under the various regional propaganda laws 
with a preconceived notion that when a bill becomes a law it has a purpose— whether 



49 Kaliningrad region Law dated 18 January 2008 No. 217 "On the Protection of the Population of 
Kaliningrad region 

from Information Products Harming Spiritual and Moral Development", as amended by Kaliningrad region 
Law dated 

30 January 2013 No.199. 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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extending rights or services to citizens, allocating funds to specific entities or making 
revisions to the criminal code— and once enacted the law's purpose will be fulfilled. 
This is most noticeable in situations where a law makes something illegal or bans 
something; shortly after enactment of such a law the fines and/or arrests begin to flow. 

With that preconceived notion and the clear messaging by the US government and 
media that Russia is anti-gay; considering the draconian language of many regional bans, 
I anticipated to learn of countless prosecutions and convictions occurring over the 7 
years. I was completely shocked when I learned the reality was quite the opposite: 



For 7 Years there have been Bans on Propaganda of 
Non-Traditional Sexual Relations to Minors in 10 Regions 

Were the Laws Used to Persecute of LGBT Advocates? 



Between 2006-2013 



Total Prosecutions: 6 



(all 10 regions included) 



Total Convictions : 2* 



(The asterisk offers a key clarifier below) 



The only two convictions under the propaganda ban occurred in the first region to enact 
an anti-gay propaganda law: in 2006 the Ryazan region's law banned "the promotion of 
homosexuality among minors" (2006). 50 

I had anticipated that since the Ryazan Region was the first to enact such a law then 
there have likely been a significant number of convictions. In seven years the Ryazan 
region law banning "the promotion of homosexuality among minors" has resulted in a 
total of two convictions*. To explain the asterisk we turn to the 3 October 2013 edition 
of the Moscow Times 51 : 



50http://www.themoscowtimes.com/news/article/gay-activist-wins-court-appeal-dealing-severe-blow-to-an 
ti-gay-law/487014.html 

51 http://www.themoscowtimes.com/news/article/gay-activist-wins-court-appeal-dealing-severe-blow-to-an 
ti-gay-law/487014.html 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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A Ryazan region court has overturned an administrative charge 
against an activist who was fined under Oa regional statute 
banning gay propaganda among minors, in a ruling that a gay 
rights leader called a "severe blow" to a similar national law 
passed in June. 

The charge stemmed from a 2009 demonstration in which 
activists Irina Fedotova and Nikolai Bayev stood holding posters 
reading "Homosexuality is normal" and "I am proud of my 
homosexuality" near schools and libraries in the city of Ryazan, 
about 325 kilometers southeast of Moscow. 

They were subsequently detained and each given a 1,500-ruble 
fine (about $50) in accordance with a regional law banning "the 
promotion of homosexuality among minors" passed by the 
Ryazan legislature in 2006. The case marked one of the first times 
that the regional anti-gay "propaganda" law was applied. 

Fedotova subsequently submitted a complaint regarding the 
charges to the United Nations Human Rights Committee, which 
ruled in her favor, saying the Russian court's decision went 
against the International Covenant on Civil and Political Rights by 
violating her right to freedom of expression and protection from 
discrimination. Russia is among 74 signatories to the covenant 
■worldwide:-: 

The UN committee said in a statement regarding the original 
ruling that the Russian court "was unable to prove that the 
restriction of the right to freedom of expression in regards to 'gay 
propaganda,' as opposed to propaganda of heterosexuality or 
sexuality in general, among minors was based on rational or 
objective criteria." 

"Furthermore, no evidence was presented that would indicate the 
existence of factors justifying such a distinction," the statement 
said. 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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Fedotova took that ruling to the Ryazan Regional Court on Aug. 1 6 
to appeal the charge. Bayev took his case to the European Court 
of Human Rights, where his complaint is still pending. 

On Sept. 26, the Ryazan Regional Court overturned the charge 
against Fedotova, according to the court's website. 



Although the Ryazan court's ruling apparently only applies to the regional law, the ruling 
is being lauded by activists as a sign that the federal law will eventually be overturned. 
To summarize: the first time an individual is convicted of violating the Ryazan Region 
law banning "the promotion of homosexuality among minors", the decision and, in turn, 
the entire law is appealed to a higher court as well as the United Nations Human Rights 
Committee resulting in the lower Court's decision and the law being overturned by both 
in the appeal by Fedotova . 

Strategically it was important that Bayev's appeal followed a different path than 
Fedotova's; Bayev's took his appeal to the European Court of Human Rights where a 
ruling is pending; if the ECHR rules in-line with the UN Human Rights Committee and 
the Ryazan Regional Court it will set a precedent and establish a framework to negate 
similar laws in each region of the Russian Federation. 

While there may have only been two convictions* in seven years in the Ryazan Region, 
this must be an anomaly; these anti-gay laws must be more stringently enforced in the 
other 12 regions which had enacted these laws long before the passage of Federal Law N 
135 - FZ. 

The Nation recently examined the prosecutions and overall enforcement of each 
regional anti-gay law and the results are most interesting 52 : 



Given the international outcry a 53 gainst the law, including 
hyperbolic comparisons to Nazi Germany, it's somewhat 
surprising how sparingly it's been used. No organization has been 
prosecuted yet. So far there have been only a handful of cases 
involving individuals. And most of these concern gay activists 
who've purposely violated the law to challenge it in court. In 2009, 



52 http://www.thenation.eom/article/176368/repression-and-gay-rights-russia# 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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two activists, Nikolai Baev and Iriric 


) (Fet) Fedotova, were 


convicted of violating Ryazan's gay propaganda law for holding a 


sign reading Homosexuality Is Normal 
Homosexuality outside a school. 


and 1 Am Proud of My 



Baev brought his case before the European Court for Human 
Rights; Fedetova brought hers before the UN Committee for 
Human Rights. In their November 2012 decision, the UN 
Committee determined that the law was discriminatory under the 
International Covenant on Civil and Political Rights and violated 
Fedotova's freedom of expression. Nikolai Alexeyev, the head 
ofGay Russia and one of Russia's most prominent LGBT activists, 
received the first fine under St. Petersburg's law in June 2012 for 
holding a sign in front of city hall reading Homosexuality is not a 
perversion. A perversion is hockey on the grass and ballet on the 
ice. Alexeyev also took his case to the European Court. 



There have been some unreported cases, but only a few. In 2012, 
the Straight Alliance for LGBT Equality discovered that in the first 
six months of the St. Petersburg law, only four people were 
charged under the gay propaganda provision. So far, there is only 
one recorded incident of the federal law's application: Dmitry 
Isakov, an activist from Kazan, was recently charged with for 
holding a sign that said Being gay and loving gays is normal. 
Beating gays and killing gays is a crime! The complaint against 
Isakov was filed by a teenager who saw the activist's protest 
online. The complainant, however, says his father forced him to 
file it. The father reportedly hates gay people because his wife left 
him for another woman. If convicted, Isakov could be the first 
person punished under the federal statute. 



The police and the courts appear reluctant to enforce the gay 
propaganda law. In one case in St. Petersburg, the police forgot to 
record the "gay propaganda" of two arrested activists, Aleksei 
Kiseleva and Kirill Nepomniashchii, and the judge ordered them 
released. In another, also in St. Petersburg, the judge lost 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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materials from the case file. Igor Kochetkov, a LGBT activist, 
believesthat "the judge simply didn't want to take responsibility for 
[enforcing] a completely absurd law." In Murmansk, a judge 
refused to consider the arrest of four Dutch nationals for violating 
the gay propaganda law. 



Yes, there have been so few prosecutions in the past seven years in any of the Regions 
that have laws banning "the promotion of homosexuality among minors" that you read 
The Nation's version of the Baev and Fedotova cases which is the primary focus of the 
article cited above. 

The most interesting information which allows one to understand the scope of the 
enforcement (or lack-thereof) and prosecutions (or lack-thereof) that have occurred 
under the the Regional laws. Based on independent confirmation of the data cited by 
the Nation it would appear that in seven years there have been a total of six 
prosecutions for violations of the law banning the promotion of homosexuality among 
minors in seven years and 2 convictions which were later overturned. 

Six prosecutions in seven years... remember in the introduction of this paper I shared 
that because of the effort by the U.S. Government and news media which has 
continually pushed the idea that the environment for LGBT individuals in the Russian 
Federation is not dissimilar to the environment for Jewish individuals living in Germany 
in the mid-1930s, that many of my friends, family and acquaintances think that it is "it 
illegal to be gay in Russia" and "Olympic athletes will be arrested if they wear a 
multi-colored rainbow or sing the theme song to the Flintstones" 



The Impact on the Federal Ban on Propaganda of Non 
Traditional Sexual Relations to Minors 

With the knowledge that over 7 years of Propaganda Bans on the books in 10 Regional 
jurisdictions of the Russian Federation there were a total of 6 prosecutions and 2 
convictions (which were later overturned), we will now examine enforcement of the 
Federal ban. 

It has been 6 months since Russian Federation Federal Law Ne 135-FZ was enacted and 
5 months since the US media first mentioned it's existence; this law which continues to 



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be headline news in America has resulted in a total of 3 prosecutions (all three were 
convicted). 

The data fails to properly illustrate why each man was charged with violating the ban, 
the stories of which are quite compelling: 

Dimitry Isakov's Nobel Act and His Parent's Disgusting Response 

After learning that President Putin had signed N 135 - FZ into Law , 24 year old Dmitry 
Isakov did something most admirable to protest the law: he went to the center of the 
town of Kazan and staged a one man protest. Isakov stood in the center of Kazan 
holding a sign which read "Being gay and loving gays is normal. Beating gays and killing 
gays is a crime." 

Isakov's act of protest did not result in his arrest by law enforcement; it resulted in his 
homophobic parents confronting him, attacking him and physically removing him from 
the center of Kazan and taking him to the police station demanding his arrest for 
violating the ban on propaganda. After a short time in custody, Isakov was not arrested 
or charged and was quickly released. 

Isakov's ordeal was highly publicized because it was believed to be the first arrest under 
the Federal propaganda ban. The image of Isakov holding his sign in the center of 
Kazan was seen all over the world. 

Long after his June 30, 2013 one man protest (which did not result in no arrest or 
charges), Isakov was charged with violating the propaganda ban for the June 30 protest. 
In a strange, bizarre development as a result of Isakov's image being disseminated online 
a complaint was filed by a teen in the Arkhangelsk region (which is 1,000 miles away 
from Kazan). The teen, Erik Fedoseyev, later said he was forced to file the complaint by 
his father who reportedly hates gay people because "his ex-wife left him for a woman." 

On December 19, 2013 the magistrate court in Kazan pronounced Isakov guilty of 
violating Federal Law Ns 135-FZ and fined him 4,000 Rubles ($120). Isakov is the first 
person convicted for violating the Federal propaganda ban. He has filed an appeal of 
his conviction. 



Pride Leads to a Courageous Act of Civil Disobedience 

On December 2, 2013 Moscow Gay Pride founder Nikolai Alexeyev and fellow activist 
Yardslav Yevtushenko were arrested outside a children's library in the city of Arkhangelsk 
for picketing; the two held signs that read "Gay Propaganda Does not Exist. People 
Don't Become Gay, People Are Born Gay." 



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It should be noted that Grani.Ru reports the arrest of Alexeyev and Yevtushenko for 
protesting outside the children's library was not automatic: 

"After prolonged phone conversations with unspecified supervisors, police 
officers detained Alexeyev and Yevtushenko." 

This is a key revelation because it demonstrates that law enforcement are not jumping 
at the opportunity to arrest members of the LGBT community for violating the ban, the 
officers demonstrated significant restraint and only after discussion with supervisors did 
they initiate action to stop the protest in front of the children's library. 

Following their conviction for violating the Federal propaganda ban (fine of 4,000 
Rubles or $120) Alexeyev and Yevtushenko offered key insights into their strategy. 
Alexeyev revealed that their arrest was an act of civil disobedience because he saw an 
opportunity to legally challenge the Constitutionality of the Federal Law. Alexeyev told 
Gay Russia: 

"The verdict opens the way for appealing the ban on gay propaganda at Russia's 
Constitutional Court and later at the European Commission of Human Rights 
which is what we are going to do." 



A Key, Pro-LGBT Development Goes Unnoticed: 
Russia Agrees to Protect LGBT at 24 th United Nations 
Human Rights Council 

On September 20, 2013 the official delegation of the Russia Federation announced their 
willingness to take all required measures to prevent homophobic hate crimes and 
discrimination on grounds of sexual orientation at the 24th UN Human Rights Council. 54 

Russia agreed with the recommendations by Iceland and Argentina regarding efficient 
investigation of crimes on grounds of homophobic hate and dissemination of 
homophobic stereotypes through mass media and by state officials, noting that such 
recommendations have already been put into practice. Russia also agreed to the 
recommendation to intensify the activities for protection of citizens against violence and 
discrimination on grounds of sexual orientation. 55 



54 http://lgbtnet.ru/en/content/un-russia-agrees-protect-lgbt 

55 http://lgbtnet.ru/en/content/un-russia-agrees-protect-lgbt 



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As part of the final stage of the Universal Periodic Review (2 round) of Russia, the 
Russian delegation approved the recommendations by Switzerland, Denmark, and 
Norway as pertains to taking measures to prevent violence and intolerance of racist, 
xenophobic, and homophobic nature as well as to prevent discrimination on grounds of 
sexual orientation. Russia has also assumed its obligations to defend lesbian, gay, 
bisexual, transgender, and intersexual (LGBTI) rights including the freedom of 
expression and peaceful assembly. 56 

This singlehandedly makes Russia accountable for fulfilling this agreement. 



56 http://lgbtnet.ru/en/content/un-russia-agrees-protect-lgbt 



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Chapter 4: Comparing LGBT Rights in the Russian 
Federation and the United States 




V < 




Decriminalized in 1 993 




Homosexuality 
Criminalized 




In the Russian Federation homosexuality 
was decriminalized in 1993. 57 



Yes. in 1 2 States & the 
US military gay sex is 
criminalized and illegal. 



In the United States sodomy laws were 
overturned by the US Supreme Court decision 
in Lawrence v. Texas in 2003. In their decision 
the justices determined that homosexuality 
wasn't a crime. 58 However 12 States still have 
laws which criminalize gay sex. 59 
In the United States Military gay & lesbian 
service members are still barred from having 
sex under Article 125 of the Uniform Code of 
Military Justice which makes it a criminal 
offense to "engage in unnatural carnal 
copulation" with "another person of the same 
or opposite sex or with an animal. 50 " 



57 http://articles.latimes.com/1993-05-29/news/mn-41287_1_human-rights 

58http://www.nyti mes.com/2003/06/27/us/supreme-court-homosexual-rights-justices-6-3-legalize-gay-se 
xual-conduct.html?pagewanted=all&src=pm 

59 http://theweek.com/article/index/242412/why-do-so-many-states-still-have-anti-sodomy-laws 

60 http://www.msnbc.com/msnbc/why-the-military-still-bans-sodomy 



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A Closer Look: The Criminalization of Gay Sex in the 
United States 



One of the most troubling revelations I experienced while examining the criminalization 
of homosexuality globally was that not only do the laws of 12 States criminalize 
homosexual acts but these draconian laws continue to be enforced. 

According to Equality Matters the anti-gay laws in the United States significant impact 
on members of the LGBT community living in or visiting those States: 
Unfortunately, the practice of improperly arresting gays and lesbians on "crime against 
nature" or sodomy charges only to have them later dismissed is not uncommon in states 
that still maintain these laws. In Virginia, for example, Attorney General Ken Cuccinelli's 
office defends the practice, stating it was "how the system works." 

In some states, keeping sodomy laws on the books can result in abuse even in cases 
where sexual intercourse hasn't occurred: 

In 2009, two gay men were kicked out of an El Paso restaurant for kissing in 
public. When the men called the police, officers informed them that "it was 
illegal for two men to kiss in public and said they could be cited for 
'homosexual conduct,'" even though the state statute only prohibits "deviate 
sexual intercourse with another individual of the same sex." The local police 
department eventually claimed that the officers involved were "relatively 
inexperienced," but the incident demonstrates the ease with which seemingly 
dormant anti-sodomy laws can quickly turn into weapons to be used against 
LGBT citizens. 61 

As Christopher R. Leslie, Assistant Professor of Law at the Chicago-Kent College of Law, 
wrote in the Harvard Civil Rights-Civil Liberties Law Review. 

Sodomy laws exist to brand gay men and lesbians as criminals. Social ordering 
necessitates the criminalization of sodomy, thereby creating a hierarchy that 
values heterosexuality over, and often to the exclusion of, homosexuality. This 
symbolic effect of sodomy laws is not dependent on their enforcement. Even 
though very few men and virtually no women ever suffer the full range of 
criminal sanctions permitted under state sodomy laws, these statutes impose 
"the stigma of criminality upon same-sex eroticism." 



61 http://equalitymatters.org/blog/201108080012 



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3ased on the mischaracterization that sodomy laws apply only to homosexuals, 
sodomy laws are currently justified as necessary to uphold an anti-gay morality. 
Any deterrent effect from sodomy laws is secondary to these primary symbolic 
effects. For their supporters, the laws are "seen not as a prohibition to be 
enforced as such, but rather as a symbol of societal disapproval." 

Supporters argue that "these statutes may serve an important function even if 
jnenforced." But the apparent function is not to condemn homosexual conduct 
homosexual persons. As one commentator put it, "unenforced sodomy laws are the 
chief systematic way that society as a whole tells gays they are scum." Indeed, in 
every state "where sodomy statutes remain on the books, animus against lesbians 
and gays has been a major, if not the sole, reason for the decision to retain them." 62 

in mind, one has to wonder why the LGBT community in the United State 
;ing it's advocacy towards eliminating the anti-gay laws in so many States, 
Equality Matters refers to as "weapons to be used against LGBT citizens" 63 ; I 
disappointed in myself for not doing something to ensure that no one has to continue 
to face the persecution in the form of being arrested for kissing their partner in public 
because that expression of love is considered "deviate sexual intercourse with another 
individual of the same sex." as evidenced by the El Paso incident noted above. 



62 Harvard Civil Rights-Civil Liberties Law Review, Vol. 35 No. 103, Winter 2000. 

63 http://equalitymatters.org/blog/201108080012 



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Can I be fired from 
my job simply for 
being gay? 



In the Russian Federation the Russian 
Federation Constitution (Article 19) 
declares equal rights of every human 
regardless of gender, race, nationality, 
language, ancestry, amount of property in 
possession or job position, place of living, 
religion, political or other views, affiliation 
to non-governmental organizations and 
other conditions. Prohibition of 
discrimination on any grounds except 
business qualities is the fundamental 
principle of the Russian labor law. 64 

Russian law does not provide any specific 
or beneficial regime regulating 
employment or other aspects of the lives 
of homosexuals. If an employer 
discriminates against an employee based 
on his/her sexual orientation, there are no 
available legal remedies for the employee. 
However, under Russian Labor Code, 
dismissal of an employee must meet 
certain statutory grounds and sexual 
orientation is not one of them. As a 
result, an employer may not dismiss an 
employee solely because of the 
employee's sexual orientation. 



In the United States, according to the 
Human Rights Campaign "hardworking 
Americans are denied job opportunities, 
fired or otherwise discriminated against 
just because they are lesbian, gay, 
bisexual or transgender (LGBT). 

There is no federal law that consistently 
protects LGBT individuals from 
employment discrimination; there are no 
state laws in 29 states that explicitly 
prohibit discrimination based on sexual 
orientation, and in 33 states that do so 
based on gender identity. As a result, 
LGBT people face serious discrimination 
in employment, including being fired, 
being denied a promotion and 
experiencing harassment on the job." 65 



64 Article 3 of Federal Law No. 197-FZ "Labor Code" dated 30 December 2001. 

65 http://www.hrc.org/laws-and-legislation/federal-legislation/employment-non-discrirnination-act 



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Closer Look: You Can Be Fired For Being LGBT in th< 
nited States; But Not in Russia 



At the request of the Council for Global Equality, the Moscow office of the international 
law firm of White & Case provided a legal analysis of of Russian Federation Federal Law 
NQ135-FZ. 

For background, the mission of the Council for Global Equality is to: 

"encourage a clearer and stronger American voice on human rights concerns 
impacting LGBT communities around the world.' 66 

In their legal analysis of Ns 135-FZ, Thomas McDonald and Natalia Yefanovat of the 
Moscow office of White & Case established that: 

"under Russian Labor Code, dismissal of an employee must meet certain 
statutory grounds and sexual orientation is not one of them. As a result, 
an employer may not dismiss an employee solely because of the 
employee's sexual orientation." 67 

In the United States there is "no federal law that consistently protects LGBT individuals 
from employment discrimination. There are no state laws in 29 states that explicitly 
prohibit discrimination based on sexual orientation, and In 33 states that do so based 
on gender identity. As a result, LGBT people face serious discrimination in employment, 
including being fired, being denied a promotion and experiencing harassment on the 
job." 68 

I am sure that you are as shocked as I found myself upon learning that in Russia one 
cannot be fired solely because of their sexual orientation but in the United States 
members of the LGBT community can be fired simply because of their sexual identity. 

In their coverage of LGBT life in Russia, the United States media has consistently pushed 
forward the message that one can be fired simply because they are an LGBT individual- 
I don't know if it is an innocent but egregious error by the entire US media or simply a 
lie being propagated to the American public. 

For background, in my evaluation of the credibility of White & Case the following 



66 http://www.globalequality.org/who-we-are/our-mission 

67http://www.globalequality.org/storage/documents/pdf/russian /o20anti-gay /o20law /o20- /o20corporate% 
20memo%20final.pdf 

68 http://www.hrc.org/laws-and-legislation/federal-legislation/employment-non-discrimination-act 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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information was important: White & Case prepared their analysis at the request of one 
of the largest global gay rights groups; the firm has served as counsel in many high 
profile LGBT rights cases, the firm has a 100% rating in the Human Rights Campaign's 
Corporate Equality Index, the lawyers who authored the analysis are experts in this 
unique aspect of international law. 



With that in mind, at this point in my research I began to ask myself: 



Has the US media has told the public anything accurate about 
Russian Federal Law N° 135-FZ or LGBT rights in Russia? 





Yes 

Since July 1,2003 



In the Russian Federation on July 1, 2003, 
gays were granted the right to serve openly 
in the military. 69 

This right was restated on 1 December 
2010 by President Vladimir Putin who 
stated during an interview with Larry King 
on CNN that there were no prohibitions to 
openly gay men serving in the Russian 
Federation military. 70 



Yes 

Since September 20, 201 1 



In the United States, gay people have been 
able to openly serve in the military since 
20 September 2011. 71 

Prior to this date, a 1993 United States law 
referred to as Don't Ask, Don't Tell 
mandated the discharge of openly gay, 
lesbian, or bisexual service members. 

According to Servicemembers Legal 
Defense Network more than 14,500 service 
members were been fired under the law 
between 1993-2011. 72 



Can Gays & Lesbians 
Openly Serve in the 
Military? 



69 http://en.wikipedia.Org/wiki/Sexual_orientation_and_military_service#Russia 

70 http://edition.cnn.com/TRANSCRIPTS/1012/01/lkl.01.html 

71 http://www.theguardian.com/world/2011/sep/20/us-military-lifts-ban-gay-troops 

72 http://www.sldn.org/pages/about-dadt 



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DOPTION 



Can Same-Sex Couples 
Adopt Children 
Together? 




Varies. 



In the Russian Federation, single persons 
(including gay men and lesbians) can 
adopt children, regardless of sexual 
orientation, but only married heterosexual 
couples can adopt children together, as a 
couple (unmarried couples, regardless of 
sexual orientation cannot legally adopt in 
Russia). 



In the United States, according to Lambda 
Legal, "About half of all States permit 
second-parent adoptions by the unmarried 
partner of an existing legal parent, while in a 
handful of states courts have ruled these 
adoptions not permissible under state laws. 
This leaves parents in many states legally 
unrecognized or severely disadvantaged in 
court fights with ex-spouses, ex-partners or 
other relatives." 73 



According to the HRC, in eight States 
same-sex couples are prohibited from 
adopting children together, as a couple and in 
21 States the determination of parenting rights 
is made on a case-by-case basis and it is 
ultimately the decision of the judge whether to 
grant the adoption petition. 74 I 



73 http://www.lambdalegal.org/issues/adoption-and-parenting 

74 http://www.hrc.org/files/assets/resources/parenting_joint-adoption_082013.pdf 



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GIVE BLOOD 



Can Gay or Bisexual Men 
Donate Blood? 



In the Russian Federation men who have 
sex with men have been allowed to donate 
blood since 16 April 2008. 75 



In the United States the Food and Drug 
Administration (FDA) enacted the ban on 
blood donations from men who have had 
sex with other men (MSM) in 1983. This 
ban means that any man who have had sex 
with other men (MSM), at any time since 
1977 (which the FDA cites as the beginning 
of the AIDS epidemic in the United States) 
are prohibited from donating blood. This 
is because "MSM are, as a group, at 
increased risk for HIV, hepatitis B and 
certain other infections that can be 
transmitted by transfusion." 76 




In the Russian Federation there is currently 
no legal recognition of same-sex couples 
and same-sex marriages are not allowed. 
Public support for same-sex marriages is at 
16% as of 2013. 77 



In the United States, as of January 2014, 
same-sex marriage is legal in 17 States. 78 
28 States prohibit same-sex marriage in 
their State Constitution. 79 



75 Order of the Ministry of Public Health and Social Development No. 175n dated 16 April 2008. 
76http://www.fda.gov/BiologicsBloodVaccines/BloodBloodProducts/QuestionsaboutBlood/ucm1 081 86.htm 

77 http://www.pewglobal.org/2013/06/04/the-global-divide-on-homosexuality/ 

78 http://en.wikipedia.org/wiki/Same-sex_marriage_in_the_United_States 

79 http://www.ncsl.Org/research/human-services/same-sex-marriage-overview.aspx#1 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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In the Russian Federation 'the legal age of 
consent in the Russian Federation is 16 
years old regardless of sexual orientation. 8 



In the United States the age of consent varies 
dramatically by State and sexual orientation; it 
ranges from 16 to 18 years old. US Federal 
Law has the legal age of consent as 18 years 
old, meaning that it a crime to use any form 
ofcommunication between States to try to get 
a minor to have sex with an adult— even if the 
minor and adult are in the same State and 
meet that State's consent standards, if the 
communication leaves the state, it is a crime. 
For example, if both people live in the same 
state and use an instant messaging program to 
communicate. If the server used for the 
communication is in another state, this is a 
crime. It is also a crime for a minor to be taken 
to a different state to have sex. This could 
happen if the 16 year old lived in a state that 
had an age of consent of 18 but travelled to a 
state where the age limit was 16. If the adult 
travels to a different state or a different 
country to have sex with a minor, this is only a 
federal crime if the minor is under the age of 
16. It may still be a local crime if the minor was 
under the age of consent of the state or nation 
where the sex happened but it is not a federal 

81 

crime. 



80 http://www.themoscowtimes.com/news/article/duma-votes-to-raise-age-of-consent-to-16/245588.html 

81 http://simple.wikipedia.org/wiki/Age_of_sexual_consent_in_the_United_States 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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J 




Nationwide Rights 



Transgender Rights Varies Widely by State 



In the Russian Federation, since 1997 
transgender people are able to change 
their legal gender after an appropriate 
medical procedure. 82 After the amendment 
of the identification documents, a 
transgender person can legally marry a 
person of a sex opposite to the reassigned 
sex. Documents, such as a diploma, can 
also be amended to reflect the person's 
new name (no gender is indicated in the 
diploma). 83 A new diploma can be issued 
based on the decision of the university 
chancellor upon the application of the 
transgender person; the old diploma is to 
be destroyed. 



In the United States, there is no uniform 
process for a transgender person to legally 
change their gender; according to the ACLU: 
A court-ordered name change is usually 
necessary to change the name on one's birth 
certificate. 

In most states, changing the gender marker 
on one's birth certificate requires proof of 
surgical treatment to change one's sex as 
well as, in many cases, a court-ordered name 
change. What the law means by "surgical 
treatment" is often unclear. A growing 
number of states (currently California, 
Oregon, Vermont, and Washington) and the 
District of Columbia allow an individual to 
change the gender marker on his or her birth 
certificate by showing proof of appropriate 
clinical treatment (not necessarily surgery). 

Some states (e.g., Alabama) will only issue an 
amended birth certificate showing the name 
and gender marker changes. Other states 
(e.g., Idaho, Ohio and Tennessee) simply will 
not allow gender markers to be changed on 
birth certificates. 84 



82 Article 70 of Federal Law No. 143-FZ "On Acts of Civil Status" dated 15 November 1997 provides for 
the possibility to rectify acts of civil status based on the document confirming sex transformation issued 
by a health institution. 

83 Order of the Ministry of Education and Science No. 65 dated 10 March 2005. 

84 https://www.aclu.org/translaw 



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A Closer Look : Transgender Individuals and Marriage 
Laws in the United States and Russian Federation 



While a transgender person in the Russian Federation can legally marry a person of a sex 
opposite to the reassigned sex, this is not the case in the United States. 

The ACLU shares how the draconian laws of many States impact transgender individuals: 

It depends on where you live. Courts in Florida, Kansas, New York, Ohio and Texas 
have said no, explaining that what counts in those states is either the chromosomal 
or the birth-assigned sex. Other states that ban marriage for same-sex couples may 
require that in order for a marriage to be legal, the transgender spouse must prove 
"complete" transition, as an Illinois court required in a 2005 decision where it 
invalidated a transgender man's marriage to a woman because he had not 
undergone all available surgeries to transition. Courts in California and New Jersey 
have taken a more expansive view, ruling that the post-transition sex of the 
transgender spouse determines whether the marriage is valid. In states where 
same-sex couples can get married, this question does not arise. 85 



85 https://www.aclu.org/translaw 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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lat are the Latest Statistics Regarding Anti-Gay Hate Crimes' 

3 86 2010 1,528 87 

3 88 2011 1,572 89 

12 9o 2012 1,376 91 

22 92 2013 Not Available Until November 2014 



40 



Total 



4,476 



In the Russian Federation 'the most trusted 
and lauded source of information and 
statistics regarding racism, xenophobia and 
other hate crimes is the SOVA Center for 
Information and Analysis, a Moscow-based 
Russian nonprofit organization founded in 
October 2002. 93 

Similar to the United States, all evidence 
indicates that there has been an increase 
to anti-gay hate crime in 2013. 



In the United States the most trusted and 
cited source for hate crime statistics is the 
Federal Bureau of Investigation (FBI) who 
publishes an annual report on the topic. 

The 2013 FBI Hate Crime Statistics report 
states that prejudice over a victim's sexual 
orientation was the second largest 
motivator in hate crimes carried out across 
the United States in 2012. 94 



In the following pages we will take a closer examination at hate crimes based on sexual 
orientation in both countries and attempt to provide the most accurate portrayal of the 
current state of affairs. 



86http://www.sova-center.ru/en/database/violence/?tip1=301&xfield=phenotype&yfield=y&victims=Min&s 
ho w=1 #ref e re n ces 

87http://www.f bi.gov/about-us/cjis/ucr/hate-crime/2010/tables/table-1-incidents-offenses-victims-and-kno 
wn-offenders-by-bias-motivation-2010.xls 

88http://www.sova-center.ru/en/database/violence/?tip1=301 &xfield=phenotype&yfield=y&victims=Min&s 
ho w=1 #ref e re n ces 

89 http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/tables/table-1 

90http://www.sova-center.ru/en/database/violence/?tip1=301 &xfield=phenotype&yfield=y&victims=Min&s 
ho w=1 #ref e re n ces 

91 http://fbi.gov/about-us/cjis/ucr/hate-crime/2012/tables-and-data-declarations/1tabledatadecpdf/table_1_ 
incidents_offenses_victims_and_known_offenders_by_bias_motivation_2012.xs 

92http://www.sova-center.ru/en/database/violence/?tip1=301&xfield=phenotype&yfield=y&victims=Min&s 
how=1 #ref e re n ces 

93 http://www.sova-center.ru/en/ 

94 http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2012/topic-pages/victims/victims_final 



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A 



Closer Look : Anti-LGBT Hate Crimes 



The current trend of increased acts of violence against members of the LGBT community 
is horrific in both the United States and Russian Federation. 

Regarding the data related to the number of these crimes per year/country, I suspect 
that the FBI statistics are reasonably accurate and I am confident that the SOVA 
Center's data underrepresents the actual number of crimes, however I do not believe 
SOVA's numbers are significantly off; let me explain why: 

SOVA is not an entity of the Russian Federation government, in reality it is one of the 
few organizations that takes the government to task on human rights issues. Since it's 
formation i 2002 SOVA Center for Information and Analysis has built a reputation as 
being the most trusted and lauded source of information and statistics regarding racism, 
xenophobia and other hate crimes. 95 



The SOVA Center is not some obscure, irrelevant organization; rather it is the most cited 
and commended source of what is colloquially referred to as "hate crime" statistics, 
information and analysis regarding the Russian Federation. 

The National Endowment for Democracy shares the following: "SOVA has become the 
premiere center for publications on anti-Semitism, racism and discrimination in Russia 
and its materials are used by the Council of Europe and the United Nations. 96 " 

For accurate statistics and independent analysis of every human rights issue and 
extremist action in the Russian Federation, the world's most prestigious organizations 
endorse only the SOVA Center. In addition to the United Nations and the Council of 
Europe, some other entities who endorse the SOVA Center include: Amnesty 
International USA 97 , the United States Department of State 98 , Human Rights Watch 99 , 
Center for Strategic and International Studies 100 , International Center for Law and 
Religious Studies 101 and the Woodrow Wilson International Center for Scholars 102 ; 
among countless others. 



95 http://www.sova-center.ru/en/ 

96http://www.ned.org/publications/newsletter-archive/sova-center-combats-hate-crimes-and-extremism-i 
n-russia 

97 http://www.amnestyusa.org/research/reports/annual-report-russian-federation-2011?page=3 

98 http://www.state.gov/documents/organization/193067.pdf 

99 http://www.hrw.org/search/apachesolr_search/Sova 

100 http://csis.org/files/media/csis/pubs/csis_north_caucasus_reportlpdf 

101 http://www.iclrs.org/common/search. php?query=SOVA 

102 http://www.wilsoncenter.org/search/site/sova 



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SOVA attaining universal praise for the accuracy & quality of the human 
rights information and analysis because it demonstrates credibility and expertise. Sine 
it's start in 2002, media coverage of SOVA has been very positive and their statistic 
accepted as accurate. 

Well, recently the credibility and accuracy of SOVA has been challenged and the 
jrganization that is known for challenging the Russian government has even been 

puppet of the government. You must be asking what brought about the criticisr 
SOVA? I am sure you are not the least bit surprised to learn that certain international 
advocacy groups and news media have questioned SOVA's credibility because the 
anti-LGBT hate crime data fails to illustrate and support the narrative they are 
reporting— a hateful, dangerous environment for members of the LGBT community 
where every LGBT person is a target and safety is not possible. 

I would submit that if one combines the empirical evidence (SOVA statistics) with 
anecdotal evidence (not fully verified information or media), a reasonable, educatec 
person would conclude that there have been more than 22 anti-LGBT hate crimes in 
Russian Federation in 2013. Which begs the question, how many more than 22 
anti-LGBT hate crimes in 2013? Using the same empirical and anecdotal evidence 
should extract two facts: 

/e don't know how many more but we can factually conclude that it is not 
Jreds of additional crimes. The actual number of anti-LGBT hate 
:rimes/year in Russia is substantially lower than 1,376. 

(2) Even one anti-LGBT hate crime is one too many. We in the LGBT community 
and our straight allies must work to help end senseless hate crimes everywhere. 

/e use of the number 1,376 is not random, rather it is the number of anti-L 
les that occurred in the United States in 2012. 

Anti-LGBT Hate Crimes Per Year = 3.77 Anti-LGBT Hate Crimes Every D« 



That is an astonishing statistic which begs the questions: 



y is this epidemic of anti-LGBT hate crimes throughout the United States 
not being showcased by the media? 




Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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re those of us in the LGBTQQI community choosing to make efforts to stop anti-LGBl 
violence in Russia while turning a blind eye to both the crimes occurring and victims of 
hate in our neighborhoods? 

According to the National Coalition of Anti-Violence Programs (NCAVP) report Lesbian, 
lay, Bisexual, Transgender, Queer and HIV- Affected Hate Violence in 2012 there* 
IS anti-LGBTQ and HIV-affected homicides in the United States 103 which accounts 
)urth highest number of homicides ever recorded by the NCAVP. 

According to the SOVA Center there were zero anti-LGBT homicides in the Russiar 
Federation in 2012 and one anti-LGBT homicide in 2013. I should note that I 
exhaustively investigated any evidence of additional anti-LGBT murders in Russia 
stween 2011 - present, if I had found even the slightest indication of a murder having 
3T connotations I would have mentioned it here; but I failed to find such 



Anti-LGBT Murders 

LGBTQ persons murdered in United States in 
crimes of hate in 2012 

ladislav Tornovoi(201 3), killed in Russia's fir: 
anti-gay murder in years. 



Most recently I've noticed that the US media is emphasizing that throughout the 
Russian Federation LGBT individuals are being attacked by groups/mobs of homophobic 
individuals. I am unwavering in my belief that one act of anti-gay violence is too many 
id must not be tolerated. 






also believed without a doubt that if similar violent, anti-gay attacks by groups/mobs 
people were to occur here in the United States such horrors would receive significant 
focus by the national news media. That belief was shattered when I examined if similar 
attacks had occurred here; I expected to find documentation of incidents in the 90's and 
early 00's, but since I read several LGBT-specific news sources daily, I had not imagined 
that such attacks had occurred recently. 

I want to share some of the horrific, unspeakable acts of anti-gay hate committed by 



http://www.avp.org/storage/documents/ncavp_2012_hvreport_final.pdf 



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since N° 135-FZ was signed into law; note that I have only focused on thos 
:ked by groups/mobs, there have been countless horrific anti-gay attacks 
strated by one or two individuals which are not represented below: 

Occurring in Seattle on August 5, 2013: 

Police: Man's nose broken in Capitol Hill gay bashing 104 

A group of men and women broke a 37-year-old man's nose after hurling anti- 
slurs at him early Monday in Capitol Hill, according to the Seattle Police 
artment. 

Jason Jacobs told officers he was walking in the 200 block of Summit Avenue 
East shortly after midnight when he was approached by three men and two 
women, who started calling him derogatory names based on his sexual 
ientation. 

le group chased Jacobs down the street and attacked him when they caught 
up, leaving him with a broken nose and cuts to his face and knees, according tc 
jolice. He was later taken to Harborview Medical Center for treatment. 



O05 



Occurring in a gay-friendly area of Cleveland on August 31, 2013: 

Arrest made in beating of man by mob of 20 outside gay bar in Cleveland, 

recen 



rest has been made in connection with the beating of a man outside of a 
ar in Cleveland, Ohio, that has been the site of several anti-gay incidents 
cent months. 



Jared Fox, 26, is a New York man who was visiting his hometown and was 
walking towards Cleveland Cocktails on 31 August when he was confronted by a 
group of about 20 youths. 

'One of them said, "Do you want to die?" and I thought, "No."' Fox said in_a tea 
YouTube video describing the incident. 'They started to just charge - they 
surrounded me.' 

Fox says he was called a 'faggot' more than once, knocked to the ground and 



104http://www.komonews.com/news/crime/Mans-nose-broken-in-possible-Capitol-Hill-gay-bashing-21838 

4061.html?tab=video&c=y 

105 

http://www.gaystarnews.com/article/arrest-made-beating-man-mob-20-outside-gay-bar-cleveland-ohio190 
913 



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rom where his glasses broke, a ruptured eardrum and multiple bruises. 

He was finally able to get up and run and eventually made his way into the bar 
and the police were called. 

Occurring in Portland on Halloween 2013: 

Three Gay Men Attacked on Halloween for Dressing in Drag A group of people 
brutally attacked three gay men dressed in drag in downtown Portland, Ore., or 
Halloween 106 

Dustin Miller, Joey Malone, and Curtis Hughes were celebrating Halloween in 
drag outfits near the waterfront in downtown Portland around 2 a.m. when, they 
say, a group of people began hollering antigay slurs at them because of their 
costumes. 



/ithin moments the group turned violent and attacked the three men, draggir 
them by their hair, beating them with their fists, and punching one in the face 
with such force it broke a tooth. "I was in shock. I felt my tooth go into my 
tongue and I spit it out onto the ground," Malone told KATU. 

of the assailants also had a knife and attempted to slash one of the victir 
swung it at my stomach and then swung it back up at my face," Malone sai 



Occurring at a San Francisco Bay Area High School on November 13, 2013: 
Students Caught on Video Beating Transgender Teen 107 
A transgender teen was verbally harassed and then beaten by a group of her 
fellow students at Hercules High School in Hercules, Calif., reports San Francisco 
TV station KGO. 



w 



he attack was caught on video by another student, who recorded the incident 
with a cell phone. School officials say the fight broke out after some female 
students began verbally harassing the trans teen about her gender identity. 
Though the trans student was the first to initiate physical contact and all those 
involved in the fight could face disciplinary action, school officials say the 
altercation was the result of bullying over a period of time and are standing beside 




106http://www.advocate.com/society/hate-crimes/2013/11/05/three-gay-men-attacked-halloween-dressing- 
drag 

107http://www.advocate.com/society/hate-crimes/2013/11/15/watch-students-caught-video-beating-transge 
nder-teen 



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Occurring in Hillcrest, the popular LGBT section of San Diego on December 23, 2013: 
Hillcrest man beaten with baseball bat for being gay; suffers broken eye socket, 
cracked ribs 108 

A Hillcrest man says he was randomly attacked by a group of men with a 
aseball bat because he was gay 

"I've never been that scared in my entire life," said Dwayne Wynn. "I literally 
thought I was going to die. I thought they were going to kill me. They were 
beating me that bad." 

Wynn's eye socket was broken in the attack. He has 18 stitches in his side and 
iree cracked ribs. 

Ws fingers were also fractured from trying to protect his face. 

"They just didn't stop and they thought it was a game," Wynn said. "They 
thought it was fun." 



After learning of the vicious, disgusting acts of anti-LGBT violence that continue to occur 
throughout the United States I am enormously disappointed both with myself and my 
brothers and sisters in the LGBTQQI community for not adequately calling attention to 
each of the 3.77 anti-LGBT hate crimes that occur each day in the United States. 

There were 25 members of our community murdered in anti-LGBT hate crimes in 2012; 
25 nameless people whose murders did not make national news headlines, 25 victims 
who had their lives taken because of hate who could have been me or any other 
LGBTQQI person reading this.. 

I think that it is great and admirable for our community to call for reforms, demand 
equality and condemn violence against all of for our brothers and sisters across the globe; 
but after gaining a deeper understanding of the anti-LGBT climate of violence here in 
the United States I have to wonder if we are collectively turning a blind eye to the 
epidemic plaguing our own communities which is demonstrated by the lack of our 
collective voice being used to support the thousands of victims of anti-LGBT hate crimes 



108 http://www.1 Onews.com/news/hillcrest-man-beaten-with-baseball-bat-for-being-gay-suffers-broken-eye- 
socket-cracked-ribs12242013 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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each year and demanding action to foster a safer, more inclusive environment. 

The epidemic of hate crimes against LGBT individuals in the United States must be 
addressed with the same media attention and community mobilization that is currently 
focused on the Russian Federation. 

The uncomfortable truth is that an LGBT individual is far more likely to be 
the victim of an anti-LGBT hate crime in the United States than in the 

Russian Federation. 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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Chapter 5: The U.S. Has No Tolerance for Anti-LGBT 
Policies in All Countries or Just One Country? 



THE ANTI-GAY WORLD: 



76 COUNTRIES WHERE BEING GAY IS ILLEGAL 



REPRESENTS COUNTRIES WITH ANTI-GAY LAWS RESULTING IN VARIOUS PUNISHMENTS 
RANGING FROM FINES TO SHORT AND LIFELONG PRISON SENTENCES, HARD LABOR. 
FORCED PSYCHIATRIC TREATMENT, BANISHMENT, WHIPPINGS, & DEATH BY PUBLIC STONING. 



m 

THE 

AMERICAS 



ANTIGUA & BARBUDA 

BARBADOS 

BELIZE 

DOMINICA 

GRENADA 

GUYANA 

JAMAICA 

ST. KITTS & NEVIS 

ST. LUCIA 

ST. VINCENT & THE GRENADINES 
TRENIDAD & TOBAGO 

OCEANIA 

KIR BAT I 

NAURU 

PALAU 

PAPUA NEW GUINEA 
SAMOA 

SOLOMON ISLANDS 

TONGA 

TUVALU 



•1 





AFRICA ASIA 



ALGERIA 

ANGOLA 

BOTSWANA 

BURUNDI 

CAMEROON 

COMOROS 

EGYPT 

ERITREA 

ETHIOPIA 

GAMBIA 

GHANA 

GUINEA 



KENYA 

LIBERIA 

LIBYA 

MALAWI 

MAURITANIA 

MAURITIUS 

MOROCCO 

MOZAMBIQUE 

NAMIBIA 

NIGERIA 

SAO TOME 

SENEGAL 



SEYCHELLES 

SIERRA LEONE 

SOMALIA 

SOUTH SUDAN 

SUDAN 

SWAZILAND 

TANZANIA 

TOGO 

TUNISIA 

UGANDA 

ZAMBIA 

ZIMBABWE 



& THE MIDDLE EAST 



AFGHANISTAN 

BANGLADESH 

BHUTAN 

BRUNEI 

IRAN 

KUWAIT 

LEBANON 

MALAYSIA 

MALDIVES 

MYANMAR 



OMAN 

PAKISTAN 

QATAR 

SAUDI ARABIA 
SINGAPORE 
SRI LANKA 
SYRIA 

TURKMENISTAN 
UNITED ARAB EMIRATES 
UZBEKISTAN 
YEMEN 



Graphic from Buzz feed 10 



109 http://www.buzzfeed.com/saeedjones/76-countries-where-anti-gay-laws-are-as-bad-as-or-worse-than 



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t is generally accepted that the motivation for the strong response to the "Russian 
Anti-Gay law" by the United States and US-based NGOs is explained best by 
President Barack Obama during his August 7, 2013 appearance on The Tonight Show 
with Jay Leno: 

"I've been very clear that when it comes to universal rights, when it 
comes to people's basic freedoms, that whether you are 
discriminating on the basis of race, religion, gender or sexual 
orientation, you are violating the basic morality that I think should 
transcend every country. And I have no patience for countries 
that try to treat gays or lesbians or transgender persons in ways 
that intimidate them or are harmful to them." 110 



I absolutely agree with the President's comment that discriminating on the basis of race, 
religion, gender or sexual orientation violates basic morality and must not be tolerated; 
however President Obama's words and actions (or lack thereof) differ greatly. 

In her 24 September 2013 Huffington Post article 10 Key US Allies With Antigay Laws 
Even Worse Than Russia's^ , Sharon Kelly of Human Rights First writes: "Homosexuality 
is illegal in more than 70 countries, and it's punishable by death in at least five and 
possibly in as many as seven. Many of these countries are key U.S. allies, frequent 
recipients of American aid, arms, and praise, including these ten.": 

Afghanistan. 

The United States has spent enormous money and energy trying to strengthen the 
government of Afghanistan, which came to power due to the U.S. invasion. Although 
Afghanistan is still officially an Islamic Republic, there have been no recorded executions 
for homosexuality since the fall of the Taliban in 2001. But "pederasty," the term used in 
the law to describe all same-sex relations, is still a serious offense, and in 2004 an 
American adviser to the government was arrested and jailed for allegedly having sex with 
an Afghan. 

Bangladesh. 

According to the State Department, the United States' "excellent" relations with 
Bangladesh reflect "the two countries' strong bonds of friendship and shared values." 
Under Bangladesh's penal code, those engaging in same-sex relations can be put in 
prison for life. In July, police in the capital city of Dhaka arrested a lesbian couple, 
Shibronty Roy Puja and Sanjida Akter, for "marrying" in secret. 

110 http://www.whitehouse.gov/the-press-office/2013/08/07/interview-president-jay-leno-tonight-show 

111 http://www.huffingtonpost.com/sharon-kelly/10-key-us-allies-with-ant_b_3984532.html 



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Kenya. 

The State Department says the United States and Kenya have an "enduring strategic 
partnership," one that's gotten closer in recent years as the countries have teamed up to 
battle terrorism. In Kenya, homosexuality carries a sentence of up to 14 years, 21 with 
extenuating circumstances. According to the Kenya Human Rights Commission, security 
forces routinely harass, arrest, and detain LGBT Kenyans, and they demand bribes or sex 
in exchange for leniency. Those who refuse are sometimes raped. 

Pakistan. 

Despite tensions with the United States, Pakistan remains a crucial "War on Terror" ally. 
Its legal system is a hybrid of Sharia Law and British colonial law, which both criminalize 
homosexuality. Section 377 of the penal code — still operative not just in Pakistan but in 
other former British colonies: Malaysia, Singapore, Bangladesh, Myanmar, Maldives, and 
Jamaica — says: "Whoever voluntarily has carnal intercourse against the order of nature 
with any man, woman or animal, shall be punished with imprisonment for life, or with 
imprisonment of either description for a term which shall not be less than two years nor 
more than ten years, and shall also be liable to fine." 

Qatar. 

For the last two decades, Qatar has been a major military ally of the United States and 
now hosts U.S. Central Command's Forward Headquarters and the Combined Air 
Operations Center. Its penal code makes sex between men punishable by up to seven 
years in prison (lesbian sex is legal.) Sharia law is also operative, so at least theoretically 
Qatari Muslims could be executed for homosexuality. Qatar's antigay laws are sure to 
draw more attention because the country will host the World Cup in 2022. 

Saudi Arabia. 

One of the most important U.S. strategic and economic allies, Saudi Arabia is the 
linchpin of American policy in the Middle East. Saudi Arabia, which has no penal code, 
administers Sharia Law, under which married men who engage in homosexual acts can 
be stoned to death. The religious police (the Commission for the Promotion of Virtue 
and Prevention of Vice) have raided private gatherings to arrest suspected homosexuals. 
In 2005, they arrested 100 men at a private party. Charged with "deviant" sexual 
behavior, they were sentenced to prison time and flogging. 

Singapore. 

The United States has a free trade agreement with Singapore, which has also been a 
steadfast ally in the fight against terrorism. The bad news is that sex between men is 
illegal; the better news is that this bad is seldom enforced. A 2007 review of its penal 
code resulted in the legalization of sodomy for heterosexuals and lesbians but male gay 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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sex — proscribed by the Section 377, a repressive relic of British colonial rule — remained 
illegal. 

Uganda. 

The rare country whose antigay policies have caused serious friction with the United 
States, this War-on-Terror ally sparked a furor in the West when its parliament took up 
the infamous "Kill the Gays" Bill. That bill is stalled for now, but homosexuality carries a 
maximum sentence of life in prison. Beginning at the end of 2012, Uganda police 
intensified its persecution of LGBT activists, targeting the Youth on Rock Foundation 
(YRF), which runs anti-AIDS programs for youth. It arrested and detained four activists 
affiliated with the organization: Joseph Kawesi, Kabuye Najibu, Martin (Morgan) Kanyike, 
and Nsubuga Pin. 

United Arab Emirates. 

A "key partner" to the United States on "issues including defense, non-proliferation, 
trade, law enforcement, energy policy, and cultural exchange," the United Arab Emirates 
has a vague statute that, according to some interpretations, make homosexuality 
punishable by death. In any case, the county's individual emirates, Dubai and Abu Dhabi, 
punish homosexual acts with maximum penalties of 14 and 10 years, respectively. In June, 
a Belgian man who told the police he was gay was sentenced to one year in prison (later 
reduced to six months) and deportation. 

Yemen. 

The Yemeni government has become a close partner to the United States as they battle 
Al Qaeda. In Yemen, an Islamic Republic that administers Sharia law, homosexuality 
carries a sentence of up to one year in prison for unmarried men, death by stoning for 
married men, and up to seven years for women. The government's official position is that 
Yemen has no homosexuals. According to one report that cites official documents, 
Yemeni authorities have arrested as many as 316 men for homosexuality over the last 
two years. 

India. 

On December 11, 2013 the list of 10 Key U.S. Allies With Antigay Laws Even Worse Than 
Russia's grew to 11 when the Supreme Court of India ruled homosexuality to be a 
criminal offense by upholding the constitutional validity of Chapter XVI, Section 377 of 
the Indian Penal Code which criminalizes sexual activities "against the order of nature", 
including homosexual acts. 112 The deafening silence from United States officials in 
response to India's criminalization of homosexuality is troubling if not shocking because 
India is a key ally to the United States. To demonstrate the importance of India to the 



112 http://en.wikipedia.org/wiki/Section_377_of_the_lndian_Penal_Code 



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United States, consider a December 2013 Pew Research survey of the Council on Foreign 
Relations (CFR), a grouping of former diplomats, government officials and international 
relations specialists, who were asked about which countries will be more important to 
the United States in the future. The CFR members responded that India was more 
important to the US than China: 37 per cent named India, while 35 per cent said China 
and 25 per cent identified Japan. Only 20 per cent said the European Union. 113 Since 
the ruling neither the US government or US LGBTQQI rights groups have mobilized 
against the policy of India. 

With this knowledge, we must question President Obama's silence about the draconian 
anti-LGBT laws enforced by some of our closest allies. Despite the deep ties and 
frequent meetings between the US and Saudi Arabia, not once has President Obama 
condemned Saudi Arabia for laws criminalizing simply being homosexual or the penalty 
for violating this law being the death penalty. In addition to Saudi Arabia, there are 75 
other countries with laws making it illegal to be gay™ yet President Obama has 
remained silent and not condemned any of these nations and the United States 
provides many of these nations with billions and billions of dollars in aid and continues 
to do business with almost all of these 76 anti-gay countries. 

We can unequivocably conclude that President Obama does, in fact, 
have an inordinate amount of patience for countries that try to treat 
gays or lesbians or transgender persons in ways that intimidate them or 
are harmful to them. 

Clearly the US-led anti-Russian propaganda effort is not motivated by a 
policy of protecting LGBT rights everywhere. 



113 http://www.people-press.org/2013/12/03/section-6-views-of-council-on-foreign-relations-members/ 

114 http://www.buzzfeed.com/saeedjones/76-countries-where-anti-gay-laws-are-as-bad-as-or-worse-than 



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Chapter 6: What is Motivating the U.S.-led Campaign 
of Propaganda Against the Russian Federation? 



am sure that after reading up to this point you find yourself as dismayed as I felt 
months ago when my research and analysis reached this point. What began with a 
mission statement of negating Adam Curry & John C Dvorak of the No Agenda 
Show's analysis of Russian Federation Federal Law N2 135-FZ had resulted in a journey 
of unexpected revelations, endless failed attempts of trying to disprove primary source 
material because it completely contradicted the messaging of US media and government 
officials, pouring over judicial decisions, triple checking the accuracy and credibility of 
every source cited and experiencing dismay after establishing that the President's 
passionate statement that he has "no patience for countries that try to treat gays or 
lesbians or transgender persons in ways that intimidate them or are harmful to them", in 
reality amounts to nothing more than empty words. As a gay man who is passionate 
about and worked tirelessly to create an environment of tolerance and respect which 
fosters LGBTQQI equality globally, the journey led us to this enlightenment has 
answered a plethora of questions, however one question remains unanswered: Why? 

Why has the US government and media propagated 
inaccurate information about the Russian 
Federation's ban on propaganda of non-traditional 
sexual? 

Although my research and analysis resulted in a deep understanding of the true reality 
of the ban on propaganda of non-traditional relationships, becoming educating on the 
various protections afforded to LGBT individuals in the Russian Federation and an 
awareness of the existence of vibrant LGBT communities in various cities throughout 
Russia (although I have not written about it in this paper, I'd encourage each reader to 
Google "Queer Fest 2013" 115 , a 9 day event in St Petersburg which was a huge success 116 
and held after the Federal Propaganda Ban); I truly believed that the US government & 
media's inaccurate portrayal of the law was motivated by purely humanitarian reasons. 
This belief was unequivocably disproved by the facts revealed in Chapter 5. 

I began to examine if there was an important US interest that might be harmed or 

115 http://queerfest.ru/en/ 

116 http://www.huffingtonpost.com/innokenty-kes-grekov/from-russia-with-cheer_b_4005193.htrnl 



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significantly impacted for violating the ban on propaganda. It was also clear that in 
examining potential US-interests impacted by the law the focus should be on corporate 
interests rather than individuals (considering that the US government and media are 
willfully blind to the laws of nations like Saudi Arabia where homosexuality is not only 
criminalized, the penalty for violations is death). 

I spent a number of days trying to determine the US-interest motivating this anti-Russia 
propaganda initiative and in reviewing my compendium of hundreds of articles I came 
across one that, when reading it with the knowledge gained to this point, made a lot of 
sense: 



From Pravda. Published June 27, 2013* 

State Duma deputy Alexei Mitrofanov, in an interview with Pravda. Ru talks about 
the act against the propaganda of non-traditional family values that has 
recently been approved by the Russian parliament. 

Alexei Mitrofanov: "There is no law against homosexuality. There is a law against 
the propaganda of non-traditional values among the youth, that is, among those 
who are under 18 years of age. There are no other restrictions whatsoever. It only 
goes about the prohibition of propaganda of non-traditional family values for 
young people. 



'This law, frankly speaking, is more addressed to show business. The law mostly 
relates to mass media and show business. This is one of the laws in the complex of 
measures that are being taken in the field of show business. 

One should pay attention to what is written there. The law says that foreign 
nationals, who engage in such propaganda of non-traditional values, shall be 
punished, unlike Russian citizens, with 15 days of administrative detention and 
expulsion. Thus, for example, Western pop singers, who conduct such 
propaganda - I will not reveal their names, but they are widely known - can be 
immediately detained for 15 days in Russia and then deported. They will have to 
clean a street or two and then go." 

That's what this has been done for - to clean up show business to avoid public 
propaganda. As for everything else - there are no restrictions. This is a completely 
wrong understanding of the law. No one attacks the gay community in Russia. 



17 http://english.pravda.ru/news/society/27-06-2013/124961-russian_gay_community-0/ 



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^preservatives who've gone a little too far. 

Earning millions of dollars here, they are turning their concerts into rallies that 
are attended by children over 12 years of age. 

This, by the way, will make concert organizers - I have spoken to some of them 
put the "18 +" mark on concert tickets of several artists. On the tickets that 
were held this and last year, there were "12 +" marks used. There were many 
lildren over 12 in the standing area present at the concerts, where, let's say, 
jaganda was conducted." 



Let's examine this as a potential motivating factor for the US government and media's 
herculean efforts to have the propaganda law overturned. In Chapter 2 it was revealed 
that there were substantial penalties for both foreign individuals and foreign 
corporations who violate this law; for reference, these fines are as follows: 



Penalties for Corporations That Violate the Ban on Propaganda of 
Non-Traditional Sexual Relations to Minors 

If a corporation distributes, to children under 16, material which is aimed at glorifying 
non-traditional sexual relations in their young minds or material which imposes the idea 
that there are an equal number of traditional and non-traditional sexual relationships in 
society and therefore presents a distortion of the facts, they are subject to the fol lowing: 



Classification 


Fine 


Administrative 
Suspension? 


Legal Entities 

(NGO or Corporation) 


800,000 -1,000,000 
rubles 

($24,458 - 30,572 USD) 


Yes, Up to 
90 Days 



Penalties when a Corporation Uses Media to Commit the Previously 
Mentioned Violation 

If the violation outlined above is committed using the media (TV, Film, Radio) or the 
Internet the previous fines apply as well as the following additional penalties: 



Classification 


Fine 


Administrative 
Suspension? 


Legal Entities 

(NGO or Corporation) 


1,000,000 rubles 
($30,572 USD) 


Yes, Up to 
90 Days 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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Penalties to Non-Citizens Who Distribute Material to Children Focused on 
Non-Traditional Sexual Relations 

If an individual who is not a citizen of Russia distributes material to children which 
violates Russian Federation Federal Law Ns 135-FZ, he or she will face the following 
penalties: 



Classification 


Fine 


Additional 






Penalty 


Individual Non-Citizen 


4,000 - 5,000 rubles 


Either: 


or 


($122 -153 USD) 


(c) Expulsion 


Foreign National 




from the Russian 






Federation 






OR 






(d) Arrest for up 






to 15 Days 






followed by 






Expulsion from 






the Russian 






Federation 



Penalties for Non-Citizens who Used Media to Distribute Material to 
Children Focused on Non-Traditional Sexual Relations 

If a violation by an individual foreign national / non-citizen is committed using the 
media (TV, Film, Radio) or the Internet the following penalties apply: 



Classification 


Fine 


Additional 






Penalty 


Individual Non-Citizen 


50,000 -100,000 rubles 


Either: 


or 


($1,529 - 3,057 USD) 


(b) Expulsion 


Foreign National 




from the Russian 






Federation 






OR 






(b) Arrest for up 






to 15 Days 






followed by 






Expulsion from 






the Russian 






Federation 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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Before we take a closer examination of the potential impact the above fines for violating 
the law can have on a multinational corporation operating in Russia, we must first gain a 
better understanding of the rapid growth of the Russian Federation as a key 
Entertainment and Media market: 



Russian Box Office Is a Critically Important Revenue 
Stream for Hollywood 

In May 2011 the Financial Times notes that Disney holding a Moscow premiere for 
Pirates of the Caribbean: On Stranger Tides, with Johnny Depp and Penelope Cruz in 
attendance marked "the first time Disney has held such an event in Russia and is a sign 
of the importance of the Russian market for Hollywood studios looking for growth 
markets." 118 

Key Facts About Russia's Growing Importance to Hollywood: 

• Since the Eighties, international revenue has gone from 20% to 70% of the 
Hollywood studios' income; the US is now virtually a niche market. 119 

• According to the Motion Picture Association of America, in 2012 "International 
box office was also up in 2012, driven by growing markets like Russia, Brazil and 
China." 120 

• In 2012, Russia had the ninth largest international box office market, with $1.2 
billion in ticket sales. 121 When it crossed the $1 billion box-office mark for the 
first time in 2010, that represented a fifteen-fold increase since 2001. 122 

• The Russian box office continues to rise at a compound annual rate of 27 per 
cent since 2006, according to Renaissance Capital, a Russian investment bank. 123 



118 http://www.ftcom/intl/cms/s/0/c00963d4-7cc2-11e0-994d-00144feabdc0.html?siteedition=uk 

119 http://calvertjournal.com/comment/show/1438/hollywood-russia-film-market-idov 

120 http://www.mpaa.org/resources/43a3b102-6703-45f4-a15c-ac75573f4352.pdf 

121 http://blog.mpaa.org/BlogOS/post/2013/12/18/Another-lmportant-Milestone-in-Russia-in-Building-an- 
Online-Creative-Marketplace.aspx 

122http://www.washi ngtonpost.com/lifestyle/style/us-movie-studios-now-depend-on-russia-and-other-mar 
kets-once-trivial-to-them/2011/06/29/glQAnOWL4H_story.html 

123 http://www.ft.com/intl/cms/s/0/c00963d4-7cc2-11eO-994d-00144feabdc0.html?siteedition=uk 



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"Russia's growth has outpaced established markets and emerging 
markets like China," says Dave Hollis, Disney's executive 
vice-president for theatrical exhibition sales and distribution. "It's 
not just because of higher ticket prices, box office has gone up 
with more admissions. There's a cultural revolution under way 
there in terms of people embracing cinema." 124 



• As of July 2011 Russia has 3,000 commercial movie screens, with 1,000 
equipped for 3D, which remains more popular overseas than in North 

America. 125 

• Unlike China, Russia doesn't have a quota for foreign releases, although 
conservatives in the government love to talk about instituting one. (China, 
meanwhile, has grudgingly raised its foreign-movie quota from 20 films a year 
to 34 — but the additional 14 have to be in IMAX or 3D: score another one for 
megaspectacles). 

• Russia manages to combine a growing appetite for foreign films with a more 
subdued enthusiasm for domestic product. In 2009, Hollywood outperformed 
Russian studios on their home turf for the first time ever. By 2010, it was 
winning almost five to one. 



"Russia has become a top-five market for us and for some movies 
it's even more important than that," 126 

- Andy Bird, Chairman of Walt Disney International. 



Russia is the new globalized Hollywood's dream: A giant country with new 
infrastructure and little oversight that hates its own movies. 



124 http://www.ftcom/intl/cms/s/0/c00963d4-7cc2-11e0-994d-00144feabdc0.htrnl?siteedition=uk 

125http://www.washingtonpostcom/lifestyle/style/us-movie-studios-now-depend-on-russia-and-other-mar 

kets-once-trivial-to-them/2011/06/29/glQAn0WL4H_story.html 

126 http://www.ftcom/intl/cms/s/0/c00963d4-7cc2-11e0-994d-00144feabdc0.html?siteedition=uk 



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Russia's Rapid Entertainment & Media Market Growth 
in All Consumer Segments 



The Russian Federation is a rapidly growing market for not only the film industry but all 
consumer media. PricewaterhouseCoopers report "Media Market in Russia: A future 
full of potential. Key facts and figures 2013-2017" 127 reveals the following key 
information about the growth of media and trends in the Russian Federation: 

• In 2012, Russia's Entertainment & Media market grew by 14% to USD 25.4bn 
against 2011. 

• Russia remains one of the most dynamic Entertainment & Media markets and is 
ranked sixth in Europe, Middle East and Africa (EMEA). 

• PwC expects Russia's Compound Annual Growth Rate (CAGR) to come to 9.4% in 
the forecast period and, by 2017, the market should reach USD 39.8bn. 

• The most rapidly developing segments of Russia's Entertainment & Media marker 
will be: 

- Online advertising (20% growth), 

- Internet access (14.5%) and 

- Pay TV (11.9%). 

• Newspapers will show slow growth (1.4%), and the trend for the educational books 
market will be negative (-3.7%). 

• Online advertising has been growing due to Internet access segment, which has 
recently shown significant growth and is expected to continue to do so in the future. 
Market revenue will double from USD 6.4bn in 2012 to USD 12.7bn in 2017. This 
growth will largely be maintained thanks to mobile web services. 

• The Russian TV advertising market has been actively recovering after the downturn 
of 2009. Annual revenue grew up from USD 2.7bn in 2009 to USD 4.2bn in 2012 
with CAGR reaching 11%. The market volume is expected to reach USD 5.4bn by 
2017. 



127 http://www.pwc.com/gx/en/entertainment-media/publications/pwc-outlook-on-russia.pdf 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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• The Russian video game market is also rapidly and sustainably expanding. In 2008, 
total revenue for segment came to USD 873m. In 2012, it reached USD 1.2bn. Thus, 
the annual growth came to 11%. PwC believes that the total gaming market will 
reach USD 1.8bn by 2017. At the same time, the annual growth rate will move down 
from double digits to 8% and will remain fixed on that level in 2014. 



1 Almost all segments of the Russian media market will demonstrate faster 
growth rates than their counterparts in the global market. 

Growth rate by segment in Russia and worldwide, 2011-2015. % 



Internet advertising 
TV subscriptions 
Internet access 
TV advertising 
Out-of-home advertising 
Radio advertising 
Video games 
Rimed entertainment 
Consumer magazines 
B.2B 

Recorded music 
Newspapers 
Book publishing 




■ Russia 
Worldwide 



-2 2 7 12 17 22 



The Potentially Enormous Impact on Corporations 
Who Violate Russian Federation Federal Law NQ 
135-FZ 

A US-based multi-national conglomerate in violation of the ban on propaganda of 
non-traditional sexual relations to minors has far reaching consequences. 

In Chapter 2 I wrote: 

While circa $31,000 USD might seem insignificant to a multi-billion 
dollar global corporation, consider the possibility that the corporation 
facing penalties for violating N 135 - FZ is a US-based media company 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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whose distribution in the Russian Federation includes popular American 
films, television shows which originally aired in the States, Russian 
language versions of their websites and a concert promotion subsidiary 
featuring outspoken artists. Consider the potential fines resulting from 
the total number of violations in PG & G Rated mainstream American 
films and popular family television shows; several major Hollywood 
corporations fine ledger would resemble the iconic, consistently 
growing amount displayed U.S. National Debt Clock on Sixth Avenue in 
New York City. 128 



At that point in my understanding of the law and the related judicial decisions I had not 
yet recognized the penalty clause which, if enacted, yields far greater damage than the 
one million Ruble fine per violation could ever inflict: the 90 day administrative 
suspension. Keep this in mind as we examine the example of one multinational 
corporation operating multiple entities in the Russian Federation. 

Take for Example the Viacom Corporation: 

In October 2013, Viacom relaunched its MTV channel on Russian cable and satellite. 
The relaunch of MTV is part of an overall corporate "strategy to focus on a local market 
that promises growing audiences." 129 The Moscow Times notes that Viacom is keen to 
join Western companies like Disney and be competitive while guaranteeing its share of 
the Russian television market. The paper notes that the channel will also host reality 
and documentary entertainment programs, made globally and dubbed in Russian, 
supplemented by locally tailored programming. 

Viacom has been in Russia for 15 years. MTV is its third country-specific initiative, after 
Nickelodeon, which is aimed at children, and the Paramount Comedy channel. In early 
2014 the company plans to introduce a fourth venture — a Paramount movie channel 
supported by advertising revenue. 130 

Nickelodeon has become the number one kids' network on paid television in Russia and 
Paramount Comedy has quickly become a top 25 channel after only a year on air. 131 



128 See Chapter 2. 
129 

http://www.themoscowtimes.com/business/article/viacom-takes-control-for-mtv-russia-relaunch/486 
tml 

130http://www.themoscowtimes.com/business/article/viacom-takes-control-for-mtv-russia-relaunch/48685 
2.html 

131http://www.themoscowtimes.com/business/article/viacom-takes-control-for-mtv-russia-relaunch/48685 



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The Russian paid television market is one of the biggest in the world, according to J'son 
& Partners. By the end of 2012, there were close to 32 million households connected 
either to cable, satellite or Internet television networks. And the market is growing. 
Consultants estimate that there will be more than 40 million households watching paid 
television content by 2017, while market penetration will reach 74 percent. 132 

Non-Film or Television Operations in Russia 

According to Dan Frugtniet, licensing director, Viacom International Media Networks 
emerging markets, Viacom's operations in Russia extend far beyond movies and 
television: 

We are developing a license business for all our existing TV brands. Traditionally, 
Nickelodeon has led by providing various internationally well-known characters for 
local licensees. Air time is still key to success, and in addition to our Nickelodeon 
channel, we also have branded blocks on local FTA channel TNT (Russia), QTV 
(Ukraine) and Balapan and NTK (Kazakhstan). Our content also airs on FTA 
channel 2x2 in Russia and TET/1+1 in the Ukraine. We have also recently launched 
branded blocks for MTV on Russian FTA channel U. In addition to this air time, our 
licensees receive strong marketing support throughout the year. 

The Teenage Mutant Ninja Turtles master toy range, produced by Playmates and 
exclusively distributed locally by Gulliver, has been a huge success and currently 
holds 12 percent market share in the boys' toy sector. We have developed a 
fantastic relationship with the No. 1 kids' retail channel Detsikiy Mir, and to-date 
have run two key retail promotions for Teenage Mutant Ninja Turtles that drove 
incremental toy sales and brand awareness. 133 

Viacom's Film Properties 

Viacom owns a portfolio of film production and distribution properties which account 
for a large share of the total global box office. This portfolio includes: MTV Films, 
Nickelodeon Movies, Paramount Animation, Paramount Pictures and Viacom 
International. 

In 2013 Viacom-owned Paramount Pictures global ticket sales were $2.47 billion USD. 



2.html 

132http://www.themoscowtimes.com/business/article/viacom-takes-control-for-mtv-russia-relaunch/48685 
2.html 

133 http://www.licensemag.com/license-global/last-word-viacom-builds-russia 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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The Potential Impact of a Violation 

While a fine of 1,000,000 Rubles ($30,572 USD) for each violation could add up quickly 
if a television show or film includes multiple instances of banned material; the 
significant impact or harm a company could potentially incur is an administrative 
suspension of all the activities of a company in violation for 90 days. 



An administrative suspension of operations would potentially 
mean that for 90 days: 

- No Viacom owned film production and distribution properties 
could be shown in Russia's theaters 

- All Viacom owned television networks would not be permitted to 
broadcast in Russia. 

- No licensed products from Viacom-owned properties could be 
sold. 



The potential loss of revenue, a 90 day administrative suspension of operations to 
Viacom, is staggering. 

Now I'd ask you to substitute Viacom for Walt Disney, Time Warner, News Corporation, 
Sony or any other media conglomerate that comes to mind; the financial loss inflicted by 
a 90 day suspension to some of those would be significantly greater than the Viacom 
example. 



Which Brings Us to the Pinnacle Question: 

Would the US government and news media (all owned by multinational conglomerates) 
implement a enormous propaganda campaign demanding the repeal of Russian 
Federation Federal Law Ne 135-FZ because of the potential revenue loss a company in 
violation could incur with a 90 day suspension resulting in lower than projected 
revenues leading to a negative impact on the company's stock price and ultimately 
causing a negative impact on key US economic indicators? 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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To answer this question, we must utilize the understanding of Russian Federation 
Federal Law N° 135-FZ we have gained in each chapter of this paper and also the 
following: 

- The data from the 7 years of regional propaganda bans which proves that those laws 
were not enforced and therefore didn't significantly impact LGBT individuals; 

- The knowledge that the Federal ban which came into law with such fanfare has only 
resulted in 3 prosecutions (2 of which were acts of civil disobedience to challenge the 
law); 

- The understanding that although the US media is presenting Russia to be a 
dangerous atmosphere of homophobic hate making it unsafe for LGBT individuals in 
Russia, the reality is that an LGBT individual in the United States is far more likely to be 
the victim of an anti-LGBT hate crime than our Russian counterparts; and, 

- The critically important fact that on September 20, 2013 at the 24th UN Human 
Rights Council the official delegation of the Russia Federation agreed to take all required 
measures to prevent homophobic hate crimes and discrimination on grounds of sexual 
orientation. 



With all that in mind we can conclude that the only accurate, fact-based, 
logical answer to the question is YES. 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



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Afterword. 



As I wrote in the Preface the advancement of LGBTQQI rights (and all human rights) in 
both the United States and abroad are very important to me; so much of my personal 
and professional life has focused on advancing equality, inclusion and tolerance. In fact 
these core values were top of mind throughout the entire journey which resulted in this 
paper— if you recall I began to research Russian Federation Federal Law N2 135-FZ after 
hearing the analysis of the law by Adam Curry and John C. Dvorak of the No Agenda 
Show; their analysis that challenged my perception of the Russian law and their clear 
and consistent support of LGBTQQI rights made it impossible to superficially dismiss 
their findings. If not for the Curry - Dvorak analysis I would not have looked beyond 
the media coverage and official US government messaging and, with a goal of disproving 
the Curry - Dvorak analysis, began a journey to gain a deep understanding of all the 
intricacies of the law, LGBT life and LGBT rights in the Russian Federation. 

The journey which resulted in the enlightenment was by no means easy; whenever my 
research revealed information and facts that contradicted what was being reported by 
US media, I spent an inordinate amount of time (unsuccessfully) trying to disprove my 
findings. It was only after I had exhausted all possible ways to disprove the material I 
had amassed that I accepted that this information is accurate, factual and important to 
share. 

In an effort to be as transparent as possible, it is important for me to share that I have 
not received and I will not accept any form of payment or compensation to research or 
write this paper. I am not a member or supporter of any political party. I am not 
Russian and do not have any affinity or animosity towards the Russian Federation. The 
only possible connection one might draw is that, although I haven't seen her in years, my 
father's cousin is Carol Heiss who won the Gold Medal in Figure Skating at the 1960 
Olympics. There were no outside influences on any of the material in this paper, I'm 
simply a person who is dedicated to advancing equality, inclusion and tolerance of not 
only the LGBT community but the entire spectrum of our diverse world. I approached 
this with only goal: to disprove the Curry - Dvorak analysis; I never imagined that the 
result would be to not only validate their analysis but to solidify it. 

The decision to share this information was not an easy one, but it is the right thing to do. 
With that in mind I want to make this clear: if a hate group like the American Family 
Association or anyone with an anti-LGBT mindset attempts to cherry-pick, distort or 
otherwise use any of the facts or findings presented in this paper to try to push your 
anti-gay agenda forward, I promise there will be no voice louder than my own 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



Page 71 of 72 



condemning such actions. 

I hope that the understanding of the reality which you may have reached reading this 
paper will allow each of you passionate about equality to use this knowledge in 
developing the most effective strategic approach to advance LGBT equality and build an 
atmosphere of tolerance & understanding both in the Russian Federation and the 
United States. If there is anything I might do to support such efforts, please let me 
know. 



Brian M. Heiss 
Chicago, Illinois USA 
January 25, 2014 



Russian Federation Anti-Gay Laws: An Analysis & Deconstruction 



Page 72 of 72 



APPENDIX 



APPENDIX OF OFFICIAL DOCUMENTS 



THE RUSSIAN FEDERATION 



Federal Law Ne 13 5-FZ 1 

On amending Article 5 of the Federal Law "On the protection of children from information harmful to 
their health and development" and other legal instruments of the Russian Federation in order to 
protect children from information promoting rejection of traditional family values. (June 29, 2013) 



Federal Law Ne 124-FZ 5 

On basic guarantees of the rights of children in the Russian Federation. (July 24, 1998) 

Federal Law Ne 436-FZ 20 

The protection of children from information harmful to their health and development. (December 29, 
2010) 



Federal Law Ne 139-FZ 37 

On Amending the Federal Law "On Protection of children from information harmful to their health 
and development" and Certain Legislative Acts of the Russian Federation. (July 28, 2012) 



Federal Law Ne 5 0-FZ 49 

On Amendments to Certain Legislative Acts of the Russian Federation with regard to limiting the 
spread of information about minors, victims of illegal actions (inaction). (April 5, 2013) 



Code of Administrative Offenses 52 

Chapter 6. Administrative offenses against the health, sanitary and epidemiological welfare of the 
population and public morals. (Current as of January 13, 2014) 



APPENDIX 



June 29, 2013 Na 135-FZ 




THE RUSSIAN FEDERATION 

FEDERAL LAW 



On amending Article 5 of the Federal Law "On the protection of children from 
information harmful to their health and development" and other legal instruments of 
the Russian Federation in order to protect children from information promoting 

rejection of traditional family values 



Adopted by the State Duma June 11, 2013 

Federation Council approved June 26, 2013 

Article 1 

In Article 5 Paragraph 2 Item 4 of the Federal Law of 29 December 2010 Na 436-FZ "On the 
protection of children from information harmful to their health and development" 
(Collected Legislation of the Russian Federation, 2011, N 1, Art. 48, 2013, N 14 , Art. 1658), 
after the word "value" words " promoting non-traditional sexual relations " . 

Article 2 

Article 14 Paragraph 1 of the Federal Law of July 24, 1998 No 124-FZ "On Basic Guarantees 
of the Rights of the Child in the Russian Federation" (Collected Legislation of the Russian 
Federation, 1998, N2 31, Art. 3802, 2008, N2 30, 3616 one, 2009 N2 23, Art. 2773, 2011, N2 
30, 4600 one) after the words "of a pornographic nature," the words "of information that 
promotes unconventional sexual relationships." 



Appendix 1 



APPENDIX 



Article 3 



Add to the Russian Federation Code of Administrative Offences (Collected Legislation of the 
Russian Federation, 2002, N 1, p. 1; N 30, Art. 3029; N 44, Art. 4295, 2003, N 27, Art. 2700, 
2708, 2717; N 46, Art. 4434; N 50, Art. 4847, 4855, 2004, N 31, Art. 3229; N 34, Art. 3529, 
3533; N 44, Art. 4266, 2005, N 1, Art. 9 13.40, 45; N 10, Art. 763; N 13, Art. 1075, 1077; N 19, 
Art. 1752; N 27, Art. 2719 2721; N 30, Art. 3104, 3131; N 50, Art. 5247; N 52, Art. 5574, 
2006, N 1, Art. 4, about 1; N 2, Art. 172; N 6, p. 636; N 10, Art. 1067; N 12, Art. 1234 ; N 17, 
Art. 1776; N 18, Art. 1907; N 19, Art. 2066; N 23, Art. 2380; N 31, Art. 3420, 3438, 3452; N 
45, Art. 4641; N 50, Art. 5279, 5281; N 52, Art. 5498, 2007, N 1, Art. 21,29; N 16, Art. 1825; 
N 26, Art. 3089; N 30, Art. 3755; N 31, art. 4007, 4008; N 41, Art. 4845; N43, Art. 5084; N 46, 
Art. 5553, 2008, N 18, Art. 1941; N 20, art. 2251,2259; N29, Art. 3418; N 30 , Art. 3604; N 49, 
Art. 5745; N 52, Art. 6235, 6236, 2009, N 7, Art. 777; N 23, Art. 2759; N 26, Art. 3120, 3122; 
N 29, Article . 3597, 3642; N 30, Art. 3739; N 48, Art. 5711, 5724; N 52, Art. 6412, 2010, N 1, 
p. 1; N 19, Art. 2291; N 21, Art. 2525 ; N 23, Art. 2790; N 27, Art. 3416; N 30, Art. 4002, 4006, 
4007; N 31, Art. 4158, 4164, 4193, 4195, 4206, 4207, 4208; N 41, art. 5192; N 49, Art. 6409, 
2011, N 1, Art. 10,23,29, 54; N 7, Art. 901; N 15, Art. 2039; N 17, Art. 2310; N 19, art. 2714, 
2715; N 23, Art. 3260; N 27, Art. 3873; N 29, Art. 4290, 4298; N 30, Art. 4573, 4585, 4590, 
4598.4600, 4601, 4605; N 46, Art . 6406; N 47, Art. 6602; N 48, Art. 6728; N 49, Art. 7025, 
7061; N 50, Art. 7342, 7345, 7346, 7351, 7352, 7355, 7362, 7366, 2012, N 6, Art. 621; N 10, 
Art. 1166; N 19, Art. 2278, 2281; N 24, Art. 3069, 3082; N 29, Art. 3996; N 31, Art. 4320, 
4330; N 41, Art. 5523; N 47, Art. 6402, 6403, 6404, 6405; N 49, Art. 6757; N 53, Art. 7577, 
7602, 7640, 2013, N 8, Art. 720; N 14, Art. 1651 , 1658, 1666; N 19, Art. 2323, 2325) as 
follows: 

1] In the first paragraph of Part 1 of Article 3.5 replace the words "Articles 5.38, 20.2" with 
the words "Article 5.38, paragraphs 2 and 4 of Article 6.21, Article 20.2", the words 
"specified in paragraph 2 of Article 14.16" with the words "specified in paragraph 2 of 
Article 6.21, part 2 of article 14.16 "; 

2) Chapter 6: 

a) Article 6.17 Paragraph 1: 

In the first paragraph the words "Article 6.20" with the words "Articles 6.20,6.21"; 

In the second paragraph the words "and (or) the administration" with the words "or 

administrative"; 



Appendix 2 



APPENDIX 



b) Add Article 6.21 as follows: 

"Article 6.21. Promotion of non-traditional sexual relations among minors 

1. Propaganda of non-traditional sexual relationships among minors, expressed in the 
dissemination of information aimed at forming non-traditional sexual attitudes among 
minors, attractiveness of non-traditional sexual relationships, distorted image of social 
equality of traditional and non-traditional sexual relationships, or the forced imposition 
of information of non-traditional sexual relationships, which can attract interest to such 
relationships, if these actions do not make up a criminal offence, 

shall entail the imposition of an administrative fine in the amount of 4,000 to 
5,000 rubles for citizens; in the amount of 40,000 to 50,000 rubles for officials; 
and in the amount of 800,000 to 1,000,000 rubles for legal entities, which can 
in the latter case be replaced by suspension of activity for up to 90 days. 

2. Actions provided for by paragraph 1 of this Article, committed with the use of the 
mass media and(or) information and telecommunication networks (including Internet), 
if these actions do not make up a criminal offense, 

shall entail the imposition of an administrative fine on citizens in the amount 
of 50,000 to 100,000 rubles; for officials - from 100,000 to 200,000 rubles; for 
legal entities - 1,000,000 rubles or administrative suspension of activity for up 
to 90 days. 

3. Actions provided for by paragraph 1 of this Article, committed by a foreign national 
or a stateless person, if these actions do not make up a criminal offense, 

shall be punishable by a fine of 4,000 to 5,000 rubles followed by 
administrative expulsion from the Russian Federation or administrative arrest 
for up to 15 days followed by expulsion from the Russian Federation. 

4. Actions provided for by paragraph 1 of this Article, committed by a foreign national 
or a stateless person with the use of the media and(or) information and 
telecommunication networks (including Internet) if these actions do not make up a 
criminal offense, 

shall be punishable by a fine of 50,000 to 100,000 rubles followed by 
administrative expulsion from the Russian Federation or administrative arrest 
for up to 15 days followed by administrative expulsion from the Russian 
Federation. 

in Part 1 of Article 23.1 replace the figure "6.18 - 6.20" with the figure "6.18 - 6.21"; 



Appendix 3 



APPENDIX 

4) in Part 2 of Article 28.3: 

a) Paragraph 1 after the numbers "6.20" add numbers "6.21"; 

b) Paragraph 58 after figures "6.13," add the numbers "6.21". 



Article 4 

In the second subparagraph of paragraph 1 of Article 1 of the Federal Law of 7 May 2013 Na 
96-FZ "On Amendments to the Code of Administrative Offenses" (Collected Legislation of the 
Russian Federation, 2013, N 19, Art. 2323), replace the words "Articles 5.38, 7.13, 7.14, 
7.142, paragraph 2 of Article 7.15 "with the words" Article 5.38, paragraphs 2 and 4 of 
Article 6.21, Articles 7.13, 7.14, 7.142, paragraph 2 of Article 7.15, "the words" specified in 
paragraph 21 of Article 14.16 is replaced "with the words" specified in part 2 of Article 
6.21, part 21 of article 14.16. " 



Article 5 

This Federal Law shall enter into force on the day of its official publication. 



President of the Russian Federation 
Putin 



Appendix 4 



APPENDIX 



July 24, 1998 



124-FZ 




THE RUSSIAN FEDERATION 



FEDERAL LAW 



On basic guarantees of the rights of children in the Russian Federation 



Adopted by the State Duma 



July 3, 1998 



Federation Council approved 



July 9, 1998 



(in ed. of federal laws from 20.07.2000 N 103-FZ, from 22.08.2004 N 122-FZ, from 
21.12.2004 N 170-FZ, from 26.06.2007 N 118-FZ, from 30.06.2007 N 120-FZ, from 
23.07.2008 N 160-FZ, from 28.04.2009 N 71-FZ, from 03.06.2009 N 118-FZ, from 
17.12.2009 N 326-FZ, with chg, introduced by federal law from 21.07.2011 N 252-FZ) 

Present federal law establishes the basic guarantees of rights and legitimate interests of 
child, provided by the constitution of the Russian Federation, for purposes of the creation of 
legal, social and economic conditions for the realization of rights and legitimate interests of 
child. 

State recognizes childhood with the important stage of the life of man and it proceeds from 
the principles of the priority of training children for the valuable life in the society, 
development in them of the publicly significant and creative activity, training in them of high 
moral qualities, patriotism and civilization. 



Definitions used in this Federal Law For the purposes hereof, the following concepts: 
- Child - a person reaches the age of 18 years ( age ); 



Chapter 1. General Provisions 



Article 1 



Appendix 5 



APPENDIX 



- Children in difficult situations - children left without parental care , children with 
disabilities , children with disabilities , that is, with deficiencies in physical and ( or ) 
mental development , and children - victims of armed conflicts and ethnic , environmental 
and technological catastrophes, natural disasters , children from families of refugees and 
internally displaced persons , and children who find themselves in extreme conditions , 
and children - victims of violence , children serving a sentence of imprisonment in a penal 
colonies , children in special educational institutions , children living in low-income 
families , children with behavioral problems , and children whose livelihoods disrupted by 
objective circumstances and which can not overcome these circumstances alone or with 
the help of family ; 

- Social adaptation of the child - the process of active adaptation of children in difficult 
situations, to socially accepted rules and standards of conduct , as well as the process of 
overcoming the effects of psychological or mental trauma ; 

- Social rehabilitation of children - actions to restore the lost child social connections 
and functions replenishment environment livelihoods , strengthening care of him ; 

- Social services for children - the organization regardless of their organizational and 
legal forms of ownership , with activities for social services for children ( social support , 
provision of social , medical and social , psychological , educational, legal services and 
material assistance organizations providing recreation and health social rehabilitation of 
children in difficult situations, the employment of these children when they reach 
working age ) , as well as citizens , asking for unincorporated business activities of social 
services to the population , including children; 

- Social infrastructure for children - a system of objects ( buildings , structures ) 
required for the sustenance of children , as well as organizations, irrespective of their 
organizational and legal forms of ownership that provide social services to the 
population , including children , and activities are carried out in order ensuring a full life , 
health , education, training , recreation and health , child development , to meet their 
social needs ; 

- Holidays for children and their recovery - a set of measures to ensure the 
development of the creative potential of children , protection and promotion of health , 
prevention of diseases in children , engaging them in physical culture , sport and tourism , 
formation of children's healthy lifestyles , their adherence to diet and activity in favorable 
environment when the sanitary and sanitary requirements ; 

- Recreation for children and their recovery - children's camps (country health 
camps, day care , etc.) , specialized (core ) camp ( sports camps , sports camps defense , 
tourist camps, work and leisure, ecological and biological camp and technical camps, local 
history and other camps ) , wellness centers , and database systems , and other 
organizations regardless of their organizational and legal forms of ownership , whose 
main activity is focused on the implementation of services to provide recreation for 
children and their rehabilitation ; 

- Night - time from 22 to 6 local time . 



Appendix 6 



APPENDIX 



- Trafficking in children - sale of a minor, other transactions in respect of a minor, as 
well as committed to in its recruitment, transportation, transfer, harboring or receipt; 

- Exploitation of children - use of prostitution of minors and other forms of sexual 
exploitation, slave labor (services) juvenile servitude of minors, illegal seizure of the 
juvenile authorities and (or) tissues, illegal adoption (adoption) of a minor from selfish 
motives; 

- Trafficked children and (or) the exploitation of children - a minor, a victim of 
trafficking and (or) the exploitation of children, including those involved in the trafficking 
of children and (or) in situations of exploitation, regardless of the presence or absence of 
its consent to the activities related to trafficking children and (or) the exploitation of 
children. 



Article 2. Relations Regulated by this Federal Law 

This Federal Law regulates relations arising in connection with the implementation of the 
fundamental guarantees of the rights and legitimate interests of the child in the Russian 
Federation. 

Article 3. Legislation of the Russian Federation on the basic 
guarantees of children's rights in the Russian Federation 

Legislation of the Russian Federation on the basic guarantees of children's rights in the 
Russian Federation is based on the Constitution of the Russian Federation and consists of 
this Federal Law, the relevant federal laws and other normative legal acts of the Russian 
Federation, as well as laws and other normative legal acts of the Russian Federation in the 
field of protection of the rights and legitimate interests of the child. 



Article 4. Public Policy Goals for Children 

1. Public policy objectives in the interests of children are: 

- Children's rights provided by the Constitution of the Russian Federation, to prevent 
discrimination against them, strengthening of basic guarantees of rights and legal 
interests of children, as well as the restoration of their rights in cases of violations; 

- The formation of the legal framework guarantees the rights of the child; 

- Promote physical, intellectual, mental, spiritual and moral development of children, 
teaching them patriotism and citizenship, as well as the implementation of the child's 
personality in the public interest and in accordance with not contradict the 
Constitution of the Russian Federation and federal law traditions of the peoples of the 



Appendix 7 



APPENDIX 



Russian Federation, the achievements of Russian and world culture ; 

- Protect children from the factors that negatively affect their physical, intellectual, 
mental, spiritual and moral development. 

2. State policy for children is a priority and is based on the following principles: 

- Legislative support for the rights of the child; 

- Family support in order to provide training, education, recreation and health of 
children, protection of their rights, to prepare them for a fulfilling life in society; 
Liability of legal persons, officials, citizens for violation of the rights and legitimate 
interests of the child, causing him harm; 

- Support NGOs and other organizations working to protect the rights and legitimate 
interests of the child. 

Article 5. Powers of state authorities of the Russian 
Federation and bodies of state power of subjects of the 
Russian Federation on the implementation of safeguards 
the rights of children in the Russian Federation 

1. The powers of the authorities of the Russian Federation on the implementation of 
safeguards the rights of children in the Russian Federation: 

- Establishing the principles of federal policy for children; 

- Selection of priority activities to promote the rights and legitimate interests of the 
child, the protection of health or morals; 

- Formation and implementation of federal target programs to protect the rights of 
the child and child support and determination of those responsible for the execution of 
such programs, agencies, institutions and organizations; 

- Establish procedures for judicial protection and judicial protection of the rights and 
legitimate interests of the child; 

- Fulfillment of international obligations of the Russian Federation and the 
representation of the interests of the Russian Federation in international organizations 
for the protection of children's rights. 

2. The powers of the organs of state power of subjects of the Russian Federation on the 
implementation of safeguards children's rights in the Russian Federation include the 
implementation of public policies for children, issues of social support and social services 
for orphans and children left without parental care (except for children enrolled in the 
federal government educational organizations), street children, children with disabilities, 
the organization and provision of recreation and health of children (with the exception of 
recreation for children during the holidays). 



Appendix 8 



APPENDIX 



Chapter 2. Main Areas of Providing for the Child in the 

Russian Federation 



Article 6. Legislation guaranteeing the rights of the child in 

the Russian Federation 



Child from birth and guaranteed by the state owned the rights and freedoms of man and 
citizen in accordance with the Constitution of the Russian Federation, generally recognized 
principles and norms of international law, international treaties of the Russian Federation, 
the present Federal Law, the Family Code of the Russian Federation and other normative 
legal acts of the Russian Federation. 

Article 7. Helping the child to realize and protect their 
rights and legal interests 

1. Authorities of the Russian Federation, bodies of state power of subjects of the Russian 
Federation, officials of these bodies in accordance with their competence in helping the child 
realize and protect their rights and interests, taking into account the child's age and within 
the established laws of the Russian Federation volume capacities of the child through 
appropriate normative legal acts of methodical, informational and other work with the child 
to explain his rights and duties, protection of the rights of the order established by the 
legislation of the Russian Federation, as well as through the promotion of child execution 
responsibilities support enforcement practices in the field of protection of the rights and 
legitimate interests of the child. 

2. The child's parents (persons replacing them) contribute to it in the implementation of 
independent action aimed at the implementation and protection of the rights and legitimate 
interests, taking into account the child's age and within the established laws of the Russian 
Federation volume capacities of the child. 

3. Educational, medical, social workers, psychologists and other specialists who carry out 
the functions of education, training, health care, social support and social services for the 
child, contribute to their social adaptation, social rehabilitation, may participate in the 
legislation of the Russian Federation in order to ensure that events protection of the rights 
and legitimate interests of the child in state bodies and local self-government. 

4. Associations (organizations) and other non-profit organizations may carry out activities 
to prepare the child for the implementation of his or her rights and duties. 



Appendix 9 



APPENDIX 



Article 8. 



Abolished. - Federal law from 22.08.2004 N 122-FZ. 



Article 9. Measures to protect the rights of the child in the 
exercise of its activities in the field of education 



1. In carrying out activities in the field of education of the child within the family or 
organization engaged in educational activities may not infringe on the rights of the child. 

2. Controls organizations engaged in educational activities, is not entitled to prevent the 
establishment of the initiative of students over the age of eight years of public associations 
of students, with the exception of children's public associations established by or created by 
the political parties, children's religious organizations. 

3. Students organizations implementing educational activities, with the exception of 
students in educational programs of preschool and primary education are entitled to their 
own or through their elected representatives to contact the Commission for the settlement 
of disputes between members of educational relations. 



Article 10. Ensuring Children 7 s Right to Health 



In order to ensure children's rights to health, in accordance with the legislation of the 
Russian Federation, in medical organizations of public health and community health 
systems are taking steps to provide free medical care to children, providing children health, 
prevention, diagnosis and treatment of diseases, including medical check-up, medical 
rehabilitation of disabled children and children with chronic diseases, and sanatorium 
treatment of children. 

Article 11. Protection of rights and legal interests of 
children in vocational guidance, vocational training and 
employment 

1. In accordance with Russian law enforcement authorities of subjects of the Russian 
Federation shall take measures to ensure the vocational guidance, vocational training of 
children under the age of 14 years. 



Appendix 10 



APPENDIX 



2. In the case of recruitment of children under the age of 15 years, they are guaranteed 
remuneration, health and safety, reduced working hours, holidays. Workers under 18 years 
old are available benefits when combining work with study, the annual compulsory medical 
examination, employment quotas for employment, termination of the employment 
agreement (contract) and other benefits established by the legislation of the Russian 
Federation. 

Article 12. Protecting the rights of children to rest and 
recuperation 

1. State authorities of the Russian Federation, local self-government within its authority 
shall take measures to ensure the rights of children to rest and recreation, conservation and 
development institutions, which are aimed at leisure and health of children. Authorities of 
the Russian Federation may carry additional funding to ensure the rights of children to rest 
and recuperation. 

2. Repealed. - Federal law from 22.08.2004 N 122-FZ. 

Article 13. Protection of rights and legitimate interests in 
the formation of social infrastructure for children 



1. Federal executive bodies, executive bodies of subjects of the Russian Federation to the 
decision-making on socio-economic development of the Territories regulations allow 
construction of social infrastructure for children. Such standards shall be established by the 
Government of the Russian Federation and applied to regional differences and traditions of 
the peoples of the Russian Federation, unless otherwise provided by law of the subject of the 
Russian Federation. 

2. Adoption of the federal executive authorities, executive authorities of the Russian 
Federation or local authority decisions on reconstruction, modernization, change of 
destination or on the Elimination of social infrastructure for children, which is the state and 
(or) municipal property, as well as the reorganization or liquidation of state organizations, 
community organizations, forming social infrastructure for children, is allowed under the 
positive conclusions of the commission to assess the consequences of this decision for their 
livelihoods, education, development, recreation and health of children, providing them with 
medical care, disease prevention in children, their social protection and social service. 

Procedure for the assessment of the decision on reconstruction, modernization, change of 
destination or on the Elimination of social infrastructure for children, is a federal state 
property, as well as the reorganization or liquidation of the federal government agencies 
that make up the social infrastructure for children, including the criteria for this assessment 
procedure create a committee to evaluate the consequences of this decision and its 
preparation conclusions established by the Government of the Russian Federation. 



Appendix 11 



APPENDIX 



Procedure for the assessment of the decision on reconstruction, modernization, change of 
destination or on the Elimination of social infrastructure for children, which is state-owned 
entity of the Russian Federation or municipal property, as well as the reorganization or 
liquidation of public organizations of the Russian Federation, municipal organizations, 
forming social infrastructure for children, including the criteria for this assessment, how to 
create a committee to evaluate the consequences of this decision and to prepare its 
conclusions established by the authorized body of state authority of the Russian Federation. 

3. The property, which is public property (land, buildings and facilities, equipment and 
other property), which refers to social infrastructure for children and the occurrence, 
isolation, or the acquisition of which is intended for education, development, recreation and 
health of children, providing medical care for children and prevention of diseases among 
them, social protection and social services for children, can be used only for these purposes. 

The property, which is property of the Russian Federation and is intended for education, 
development, recreation and health of children, care for children and prevention of diseases 
among them, social protection and social services for children, used in accordance with the 
procedure established by the legislation of the Russian Federation and the legislation of the 
Russian Federation. 

4. If the state or municipal institution, forming social infrastructure for children, leases 
assigned to her objects of ownership, the conclusion of the lease must be preceded by the 
founder conducted in the manner prescribed by paragraph 2 of this Article, assess the 
consequences of signing the contract for their livelihoods, education, development , 
recreation and health of children, providing them with medical care, disease prevention in 
children, social protection and social services. Lease agreement can not be concluded if as a 
result of the impact assessment of its conclusion, the possibility of deterioration of these 
conditions. 

5. How to change the destination of the property, which is the municipal property (land, 
buildings and facilities, equipment and other properly) and the occurrence, isolation, or the 
acquisition of which related to the goals of education, development, recreation and health of 
children, care for children and prevention of diseases they, social protection and social 
services for children, established by local governments with the prior creation (acquisition, 
change of destination) property sufficient for these purposes. 

6. Repealed. - Federal law from 22.08.2004 N 122-FZ. 

7. Change of ownership of the property, which refers to social infrastructure for children 
and is a state or municipal property, can be installed in the law order. 

Article 14. Protection of the child from information and 
propaganda, detrimental to his health, moral and spiritual 
development 

1. Authorities of the Russian Federation shall take measures to protect the child from 



Appendix 12 



APPENDIX 



information and propaganda, detrimental to his health, moral and spiritual development, 
including the national, class, social intolerance, the advertising of alcoholic beverages and 
tobacco products from social advocacy, racial, ethnic and religious inequalities of 
pornographic content, from the information that promotes unconventional sexual 
relationships, as well as dissemination of printed materials, audio and video, which 
promotes violence and abuse, drug addiction, substance abuse, antisocial behavior. 

2. In order to protect children from information harmful to their health and (or) 
development, the Federal Law of December 29, 2010 N 436-FZ "On the protection of 
children from information harmful to their health and development" establishes 
requirements for the dissemination of information among children, including requirements 
for the implementation of the classification of information products, its expertise, state 
supervision and control over compliance with the Russian legislation on the protection of 
children from information harmful to their health and (or) development. 

3. In order to ensure the safety of life, health, morals of the child, to protect it from the 
negative impacts in the manner specified by the Russian Government authorized federal 
executive body, is examined (social, psychological, educational, sanitary) desktop, and other 
computer games, toys and playing facilities for children. 

Article 14.1 Measures to promote the physical, 
intellectual, mental, spiritual and moral development of 

children 



1. In order to promote the physical, intellectual, mental, spiritual and moral development 
of children and the formation of their healthy lifestyles authorities of the Russian Federation, 
bodies of state power of subjects of the Russian Federation, local self-government in 
accordance with their competence create favorable conditions for sports activities and 
sports organizations, cultural organizations, organizations forming social infrastructure for 
the kids (including the space for them to access the network "Internet"). 

2. Parents (persons replacing them) must take care of health, physical, mental, spiritual 
and moral development of their children. Persons engaged in education activities, education, 
development, health, social protection and social services for children, promote their social 
adaptation, rehabilitation and similar activities involving children (hereinafter - the person 
asking for activities involving children), within their powers contribute to the physical, 
intellectual, mental, spiritual and moral development of children. 

Authorities of the Russian Federation, bodies of state power of subjects of the Russian 
Federation, local self-government in accordance with their competence assist these persons 
in carrying out their responsibilities for physical, intellectual, mental, spiritual and moral 
development of children. 

3. Laws of the Russian Federation in order to prevent harm to children's health, their 
physical, intellectual, mental, spiritual and moral development can be established: 

- Measures to prevent a finding of children (persons under 18 years of age) on the 
objects (in the territories, premises) legal entities or individuals engaged in 



Appendix 13 



APPENDIX 



entrepreneurial activities without forming a legal entity, which are intended only for the 
sale of goods of a sexual nature, in the beer garden, wine bars, pubs, rumochnaia, in other 
places, which are intended to implement only alcoholic beverages, beer and drinks made 
based on it, and in other places, finding that may harm the health of children and their 
physical, intellectual, mental, spiritual and moral development; 

- Measures to prevent a finding of children (persons under 18 years of age) at night in 
public places, including streets, stadiums, parks, squares, public service vehicles, on the 
objects (in the territories, premises) legal entities or individuals engaged in 
entrepreneurial activities without forming a legal entity, which are designed to provide 
access to the "Internet", as well as for the implementation of services in the sphere of 
trade and catering (organizations or points) for entertainment, leisure, where the 
established legal order provided retail sale of alcoholic beverages, beer and drinks made 
based on it, and in other public places without their parents (or persons in loco parentis), 
or persons performing activities involving children; 

- Procedure for notifying parents (or persons acting in loco parentis), or persons 
performing activities involving children, and (or) the internal affairs agencies in case of a 
child in the locations specified in paragraphs two and the third of this paragraph, in 
violation of the requirements and the procedure of delivering such a child's parents (or 
persons in loco) or persons performing activities involving children, or in the absence of 
such persons, failure to identify their location or other obstacles brought promptly before 
a child of circumstances specified persons in institutions for juveniles in need of 
rehabilitation, the place of discovery of the child. 

4. Subjects of the Russian Federation in accordance with paragraph 3 of this Article shall 
be entitled to: 

- Determined taking into account cultural and other local traditions place, finding that 
may harm the health of children and their physical, intellectual, mental, spiritual and 
moral development, and public places in which at night does not allow children without 
parents (persons replacing them), as well as persons performing activities involving 
children; 

reduce to a seasonally adjusted, climatic and other conditions night, during which allow 
children without parents (persons replacing them), as well as persons engaged in 
activities involving children, established in public places; 

- Reduce a given cultural and other local traditions age up to which their presence is not 
allowed at night in public places established without their parents (or persons in loco 
parentis), as well as persons performing activities involving children, but not more than 
Two years. 

5. Establishment of subjects of the Russian Federation in accordance with the third 
subparagraph of paragraph 3 of this Article of measures to prevent a finding of children 
(persons under 18 years of age) at night without their parents (or persons in loco parentis), 
or persons performing activities involving children in vehicles public funds shall be based 
on negotiated agreements between the Russian Federation on the application of these 
measures, if the routes of these vehicles pass through the territories of two or more subjects 
of the Russian Federation. 

6. For the evaluation of determining the locations, finding that may harm the health of 



Appendix 14 



APPENDIX 



children and their physical, intellectual, mental, spiritual and moral development, public 
places, where at night does not allow children without parents (or persons acting in loco 
parentis) as well as persons engaged in activities involving children, an expert committee. 
Procedure for the formation and functioning of such committees shall be established in 
accordance with the laws of the Russian Federation. 

7. Local authorities with regard to the provisions of this article and in the manner 
prescribed by the laws of the Russian Federation, may determine the territory of the 
municipal formation space, finding that children in accordance with paragraph 3 of this 
Article shall not be permitted. 

8. Laws of the Russian Federation for non-compliance to ensure parents (or persons in 
loco parentis), persons engaged in activities involving children, as well as legal entities or 
citizens engaged in entrepreneurial activities without forming a legal entity, measures to 
promote the physical, intellectual, mental, spiritual and moral development of children and 
to prevent harming them can be established administrative responsibility. 

Article 14.2 Measures to combat child trafficking and 
exploitation of children 



1. Authorities of the Russian Federation, bodies of state power of subjects of the Russian 
Federation, local self-government within its authority shall take measures to combat 
trafficking in children and child exploitation. 

2. Authorities of the Russian Federation, bodies of state power of subjects of the Russian 
Federation, local self-government in accordance with their competence shall take measures 
to provide the necessary educational, psychological, medical and legal assistance to victims 
of trafficking and (or) the exploitation of children, their parents (or persons, their 
replacement). 

3. Associations (organizations) and other non-profit organizations can assist state 
authorities of the Russian Federation, bodies of state power of subjects of the Russian 
Federation, local authorities in the implementation of measures to combat child trafficking 
and exploitation of children, to provide the necessary educational, psychological, medical 
and legal assistance to victims trafficking and (or) the exploitation of children, their parents 
(or persons in loco). 

4. Citizens of the Russian Federation, foreign citizens, stateless persons for offenses 
involving trafficking in children and (or) the exploitation of children, in accordance with the 
legislation of the Russian Federation. 

5. Legal entities are responsible for the creation of conditions for the sale of children, and 
(or) the exploitation of children, as expressed in the provision of facilities, vehicles, or other 
tangible assets, creating living conditions for the sale of children, and (or) the exploitation of 
children, the provision of services to facilitate the sale of children and (or) the exploitation 
of children, or in financing the sale of children, and (or) the exploitation of children as well 



Appendix 15 



APPENDIX 



as for the production, purchase, storage, transportation, distribution, public display, 
advertising materials or objects with pornographic images of minors in accordance with the 
legislation of the Russian Federation. This provision applies to foreign legal persons in cases 
provided by legislation of the Russian Federation. 

6. Application of measures liable to a legal entity for offenses involving trafficking in 
children and (or) child exploitation, production and (or) of materials or objects with 
pornographic images of minors are not exempt from liability for these offenses guilty 
individual, as well as physical attraction person to criminal or other liability for offenses 
involving trafficking in children and (or) child exploitation, production and (or) of materials 
or objects with pornographic images of minors are not exempt from liability for these 
offenses entity. 

Article 15. Protecting the rights of children in difficult 

situations 



1. Paragraph repealed. - Federal law from 22.08.2004 N 122-FZ. 

Protecting the rights of children in difficult situations (except contained and enrolled in the 
federal state educational institutions), carried out by public authorities of the Russian 
Federation in accordance with the legislation of the Russian Federation. Protecting the 
rights of children in difficult situations, and students contained in the federal state 
educational institutions, provided by federal authorities in accordance with the legislation 
of the Russian Federation. 

State guarantees judicial protection of the rights of children in difficult situations. 

2. Repealed. - Federal law from 22.08.2004 N 122-FZ. 

3. Associations (organizations) and other non-profit organizations, including international 
associations (organizations), through its offices in the Russian Federation shall perform 
their duties to protect the rights of children in difficult situations, in accordance with the 
generally recognized principles and norms of international law, international treaties of the 
Russian Federation, the Russian legislation and the legislation of the Russian Federation. 
These associations (organizations) have the right to challenge in court the illegal infringe or 
violate the rights of children in difficult situations, the actions of officials of public 
authorities, organizations, citizens, including parents (or persons acting in loco parentis), 
educational, health, social workers and other professionals working with children. 

4. When regulating court procedures involving children and (or) the protection of their 
rights and legitimate interests, as well as decisions of the penalties that can be applied to 
minors who have committed offenses, officials of state and local authorities act in 
accordance with generally accepted principles and norms of international law, norms 
stipulated by international treaties of the Russian Federation, including in terms of humane 
treatment of minors, providing them with qualified legal aid legislation of the Russian 
Federation. 



Appendix 16 



APPENDIX 



Are required to ensure the priority of personal and social well-being of the child, the 
specialization enforcement procedures (actions) with his participation or benefit, taking 
into account peculiarities of age and social status of the child. 

In the case of a minor exemption from criminal liability or punishment from the application 
of coercive measures of educational influence the court deciding on the application of these 
measures, except measures such as placement in an educational organization for students 
with deviant (socially dangerous) behavior, special needs education , requiring special 
training and pedagogical approach (special educational institution open or closed), or 
medical organization may deem necessary to carry out activities for the rehabilitation of the 
juvenile. 

If a child with whom or in whose interests the enforcement procedure (action) needs 
pedagogical, psychological, medical and legal assistance, social rehabilitation, an official 
exercising enforcement procedure (action), regardless of the subject matter reported to the 
competent authority about the need for action and requests to inform him of the action 
taken. 



Chapter 3. Organizational Basis Warranties of Child 

Article 16. Federal executive bodies, executive bodies of 
subjects of the Russian Federation, asking for guarantees of 
children's rights in the Russian Federation 

1. Competence of the federal executive bodies, which carry the guarantee of the rights of 
the child, implement public policies for children, including carrying out activities in the field 
of education, health, social protection, social services, promote social adaptation and 
rehabilitation of children with regard to their employment and protection labor, neglect and 
delinquency prevention, organizing children and families, state support of public 
associations (organizations), other non-profit organizations and other areas in accordance 
with the legislation of the Russian Federation, established by the President of the Russian 
Federation and the Government of the Russian Federation. 

2. Repealed. - Federal law from 22.08.2004 N 122-FZ. 

3. Competence of executive bodies of subjects of the Russian Federation, which carry out 
activities for the implementation of public policies for children, governed by the laws of the 
Russian Federation. 



Appendix 17 



APPENDIX 



Article 16.1 Authorized the President of the Russian 
Federation for children's Rights and the Commissioner for 
children's Rights in the subject of the Russian Federation 

1. Authorized the President of the Russian Federation for children's Rights within its 
powers under relevant decree of the President of the Russian Federation, to protect the 
rights and legitimate interests of the children. 

2. In accordance with the law and other regulatory legal acts of the Russian Federation 
may be established by the Commissioner for children's Rights in the Russian Federation. 



Articles 17-20 No Longer in Force 

No longer in force. - Federal law from 22.08.2004 N 122-FZ. 

Article 21. Funding for the implementation of public 
policies for children 



Funding for federal actions to implement the state policy for children at the expense of the 
federal budget, extra-budgetary sources, as well as from the budgets of subjects of the 
Russian Federation in accordance with the legislation of the Russian Federation. 

Article 22. State report on the situation of children and 
families who have children in the Russian Federation 



State report on the situation of children and families who have children in the Russian 
Federation annually developed in order to ensure public authorities of the Russian 
Federation objective systematic analytic information on the situation of children and 
families who have children in the Russian Federation and its trends. 

State report on the situation of children and families who have children in the Russian 
Federation represented by the Government of the Russian Federation of the Federal 
Assembly of the Russian Federation. Structure of State report on the situation of children 
and families who have children in the Russian Federation, the requirements for the content 
of its sections, the system used therein indicators order to develop, distribute, including 
publication, providing for public discussion by posting on the official website of the federal 
executive authorized by the Government of the Russian Federation for the development of 
this report, the network "Internet" and the presentation of the results of public discussion in 



Appendix 18 



APPENDIX 



the Government of the Russian Federation shall be determined by the Government of the 
Russian Federation. 

Chapter 4. Warranty Performance of this Federal Law 



Article 23. Judicial dispute resolution procedures in the 
execution of this Federal Law 



1. Parents (persons replacing them), as well as educational, medical, social workers, 
psychologists and other specialists who carry out the functions of education, training, health, 
social protection and social services to the child, contribute to his social adaptation, social 
rehabilitation, may apply in accordance with legislation of the Russian Federation Order in 
the court for the child compensation for harm caused to his health, property and moral 
damage. 

2. When court cases to protect the rights and legitimate interests of the child state fee will 
be charged. 



Chapter 5. Final Provisions 



Article 24. Entry into Force of this Federal Law 

1. This Federal Law shall enter into force on the day of its official publication. 

2. Paragraph 3 of Article 7, paragraph 3 of article 9, paragraphs 3, 4, 6, 7, Article 13, 
paragraph 3 of Article 15 and paragraph 2 of Article 23 of this Federal Law shall enter into 
force on 1 July 1999. 

3. Article 8 of this Federal Law shall enter into force on 1 January 2000. 

Article 25. Harmonization of regulatory legal acts in 
accordance with this Federal Law 



President of the Russian Federation and the Government of the Russian Federation to bring 
their regulations into compliance with this Federal Law. 

President of the Russian Federation 
B. Yeltsin 



Appendix 19 



APPENDIX 



December 29, 2010 



Na 436-FZ 




THE RUSSIAN FEDERATION 



FEDERAL LAW 



The protection of children from information harmful to their health and development 



1 This federal law regulates the relations connected with the protection of children 
from information harmful to their health and (or) development, including from the 
information contained in the information products. 

2 This federal law does not apply to the relations in the sphere of: 

1] Traffic information products containing scientific, technical, statistical information; 

2) the dissemination of information, to restrict access to the inadmissibility of which is 
set by the Federal Law of 27 July 2006 N 149-FZ "On Information, Information 
Technologies and Protection of Information" and other federal laws; 

3) Traffic information products having significant historical, artistic or other cultural 
value to society; 

4) advertising. 

Article 2. Basic concepts used in this Federal Law 

In this Federal Law the following basic concepts: 

1) children ' s access to information - the ability to obtain and use information freely 
available children; 



Adopted by the State Duma 



December 21, 2010 



Federation Council approved 



December 24, 2010 



Chapter 1. General 



Article 1. The scope of this Federal Law 



Appendix 20 



APPENDIX 



2) sign information products - graphic and (or) text designation of information products 
in accordance with the classification of information products provided by Part 3 of 
Article 6 hereof; 

3) spectacular event - a demonstration of information products in a place accessible to 
children, and in a place where there is a significant number of persons not belonging to 
the usual family, including through theatrical entertainment, cultural, educational and 
spectacular entertainment events; 

4) information security children - the state of protection of children, in which there is no 
risk associated with causing harm to their health information and (or) physical, mental, 
spiritual, moral development; 

5) information products - intended for circulation in the territory of the Russian 
Federation media products, printed matter, audiovisual products on all types of media, 
programs for computers (computer programs) and databases, as well as information 
disseminated through entertainment events through information and 
telecommunications networks, including the "Internet", and networks of mobile 
telephone communications; 

6) information products for children - information products relevant topics, contents 
and decoration of physical, mental, spiritual and moral development of children; 

7) information harmful to health and (or) development of children - information 
(including information contained in products for children), which spread among 
children is prohibited or restricted in accordance with this Federal Law; 

8) information of a pornographic nature - the information submitted in the form of 
naturalistic images or descriptions of sexual organs and (or) sexual intercourse or 
sexual intercourse with a comparable sexual acts, including such acts committed against 
the animal; 

9) the classification of information products - distribution of information products 
depending on its subject matter, genre, content and artwork by age groups of children in 
the manner prescribed by this Federal Law; 

10) places available for children - the public areas, access to that child, and (or) to find 
the child that are not prohibited, including public places, in which the child has access to 
media products and (or) information placed in telecommunication networks, 
information products; 

11) naturalistic image or description - image or description in any form or by any means 
a person, animal, human body parts and (or) animal action (or inaction), events, 



Appendix 21 



APPENDIX 



phenomena and their consequences with the fixation of attention to detail, anatomical 
details and (or) physiological processes; 

12) Turnover of information products - provision and (or) distribution of information 
products, including its sale (including syndication), rent, lease, distribute, issue of funds 
public libraries, public display, public performance (including through spectacular 
events), spread by air or cable broadcasting, information and telecommunications 
networks, including the "Internet", and networks of mobile telephone communications; 

13) expert - a person who meets the requirements of this Federal Law and has been 
called for examination of information products and giving an expert opinion or the 
classification of the information products and holding her expertise. 

Article 3. Russian legislation to protect children from 
information harmful to their health and (or) development 

Russian legislation to protect children from information harmful to their health and (or) 
development consists of the Constitution of the Russian Federation, the present Federal Law, 
other federal laws and adopted in accordance with them other regulations. 

Article 4. Powers of the federal executive authorities, state 
authorities of the Russian Federation in the field of protection 
of children from information harmful to their health and (or) 

development 

1. The powers of the federal executive body authorized by the Government of the Russian 
Federation in the field of protection of children from information harmful to their health and 
(or) development include: 

1) Development and implementation of a unified state policy in the sphere of 
protection of children from information harmful to their health and (or) 
development; 

2) development and implementation of federal target programs to ensure 
information security of children production of information products for children 
and turnover information products; 

3) establish procedures for the examination of information products provided by 
this Federal Law; 

4) state control (supervision) over observance of the legislation of the Russian 
Federation to protect children from information harmful to their health and (or) 



Appendix 22 



APPENDIX 



development. 

2. The powers of the organs of state power of subjects of the Russian Federation in the 
field of protection of children from information harmful to their health and (or) 
development include the development and implementation of regional information security 
programs kids production of information products for children and trafficking in 
information products. 

Article 5. Types of information harmful to health and (or) 

development of children 

1. For information harmful to health and (or) development of children include: 

1) the information specified in paragraph 2 of this article and banned for 
distribution among children; 

2) Information that is provided by Part 3 of this Article, taking into account the 
provisions of Articles 7 - 10 of this Federal Law and the distribution of which 
among children of certain ages limited. 

2. For information prohibited for distribution to children, includes information on: 

1) encouraging children to commit acts that endanger their lives and (or) health, 
including to harm their health, suicide; 

2) the ability to cause the children desire to use narcotics, psychotropic and (or) 
intoxicants, tobacco, alcohol and alcohol-containing products, beer and 
beverages are based on it, to take part in gambling, prostitution, vagrancy or 
begging; 

3) substantiating or justifying the admissibility of violence and (or) exercise 
cruelly or encouraging acts of violence against people or animals, except as 
provided for by this Federal Law; 

4) denies the family values that promotes unconventional sexual 
relationships and forming disrespect for parents and (or) other family members; 

5) justifying illegal behavior; 

6) containing foul language; 

7) containing information of a pornographic nature. 



Appendix 23 



APPENDIX 



8) of minors who have suffered as a result of illegal actions (inaction), including 
full names, middle name, photo and video of the minor, his parents and other 
legal representatives, the date of birth of the minor, the audio of his voice, his 
place of residence or place of temporary residence, place of work or study, and 
other information directly or indirectly allows the identity of the minor. 

3. The information, which spread among children of certain ages is limited, includes 
information on: 

1] is in the form of pictures or descriptions of cruelty, physical and (or) mental 
violence, crime or other antisocial actions; 

2) cause children fear, terror or panic, including representation in the form of 
images or descriptions dehumanizing form of non-violent death, disease, suicide, 
accident, disaster or catastrophe and (or) their consequences; 

3) provided in the form of pictures or descriptions of sexual relations between 
men and women; 

4) containing swear words and expressions that are not related to swearing. 



Chapter 2. Classification of information products 



Article 6. Implementation of classification of information 

products 

1. Classification of information products provided by their producers and (or) 
disseminators of their own (including the participation of experts and experts (or) expert 
organizations that meet the requirements of Article 17 hereof) prior to its turnover in the 
Russian Federation. 

2. In conducting research for classification of information products shall be evaluated: 

1) its theme, genre, content and decoration; 

2) characteristics of perception of the information in a certain age group of 
children; 

3) the likelihood of the information contained therein injury and (or) 



Appendix 24 



APPENDIX 



development of children. 

3. Classification of information products is carried out in accordance with the 
requirements of this Federal Law the following categories of information products: 

1) information products for children under the age of six years; 

2) information products for children under the age of six years; 

3) information products for children under the age of twelve years; 

4) information products for children under the age of sixteen years; 

5) information products, forbidden for children (information products 
containing the information provided for in Paragraph 2 of Article 5 of this 
Federal Law). 

4. Classification of information products designed and (or) used for training and education 
of children in educational institutions that provide basic education programs, respectively, 
basic professional educational programs of initial vocational training, vocational education, 
educational institutions of additional education of children, in accordance with the present 
Federal law and the laws of the Russian Federation in the field of education. 

5. Film Classification is carried out in accordance with the requirements of this Federal 
Law and legislation of the Russian Federation on the State Support of Cinematography. 

6. Information obtained as a result of the classification of information products, specified 
by the manufacturer or distributor of the documents accompanying the information 
products and are the basis for posting on her character information production and its 
turnover in the Russian Federation. 

Article 7. Information products for children under the age of 

six years 

For information products for children under the age of six years may be related information 
products, containing information that is not harmful to health and (or) development of 
children (including information products containing justified its genre and (or) episodic plot 
unnatural preview or description of the physical and (or) mental abuse (excluding sexual 
abuse) provided the triumph of good over evil and the expression of compassion for the 
victims of violence and (or) condemnation of violence). 



Appendix 25 



APPENDIX 



Article 8. Information products for children under the age of 

six years 

To be admitted to circulation of information products for children under the age of six years 
may be related information products provided for in Article 7 of this Federal Law, as well as 
information products containing justified its genre and (or) the plot: 

1] short-term and unnatural image or description of human diseases (except for serious 
illnesses) and (or) their consequences in the form of not degrading; 

2) unnatural image or description of the accident, accident, disaster or non-violent 
death without showing them the consequences that may predispose children fear, terror 
or panic; 

3) Do not incite to commit antisocial acts and (or) crimes occasional picture or 
description of the action and (or) the offenses provided that is not justified and not 
justified by their admissibility and expressed a negative, judgmental attitudes towards 
people who commit them. 

Article 9. Information products for children under the age of 

twelve years 

To be admitted to circulation of information products for children under the age of twelve 
years, may be classified information products provided for in Article 8 hereof, as well as 
information products containing justified its genre and (or) the plot: 

1) episodic image or description of cruelty and (or) violence (except for sexual violence) 
without showing naturalistic process of life or mutilation provided that expressed 
compassion for the victim and (or) negative, judgmental attitude toward cruelly and 
violence (except violence used in cases to protect the rights of citizens and lawful 
interests of society or the state); 

2) image or description does not incite the commission of antisocial acts (including the 
consumption of alcohol and alcohol products, beer and beverages produced on its basis, 
participation in gambling, vagrancy or begging), occasional mention (without 
demonstration) narcotic drugs, psychotropic and (or) intoxicants, tobacco products, 
provided that is not justified and not justified by the admissibility of antisocial acts, 
expressed a negative, judgmental attitudes towards them and provides an indication of 
the risk of consumption of these products, tools, materials, products; 

3) Do not use interest in sex and not wearing exciting or abusive episodic unnatural 



Appendix 26 



APPENDIX 

image or description of sexual relations between men and women, except for the 
pictures or descriptions of sexual assault. 

Article 10. Information products for children under the age of 

sixteen years 

To be admitted to circulation of information products for children under the age of sixteen 
years may be classified information products under Article 9 of this Federal Law, as well as 
information products containing justified its genre and (or) the plot: 

1) the image or description of accident, disaster, disaster, disease, death without 
showing their naturalistic effects that may predispose children fear, terror or panic; 

2) the image or description of cruelty and (or) violence (except for sexual violence) 
without showing the naturalistic process of life or mutilation provided that expressed 
compassion for the victim and (or) negative, judgmental attitude toward cruelty and 
violence (except violence applied in cases of protecting citizens' rights and lawful 
interests of society or the state); 

3) Information on Narcotic Drugs or Psychotropic and (or) an intoxicating substances 
(without demonstration), about the dangerous consequences of their consumption with 
a demonstration of such cases, provided that expressed negative or judgmental attitude 
to the consumption of such drugs or substances and provides an indication of the 
danger of their consumption; 

4) some swear words and (or) expression not related to swearing; 

5) Do not use interest in sex and not wearing offensive image or description of sexual 
relations between men and women, except for the pictures or descriptions of sexual 
assault. 

Chapter 3. Requirements to turnover information products 

Article 11. General requirements for the circulation of 

information products 

1. Turnover of information products containing the information provided for in Paragraph 
2 of Article 5 of this Federal Law shall not be permitted, except in cases provided for by this 
Federal Law. 

2. Turnover of information products containing information prohibited for distribution to 



Appendix 27 



APPENDIX 



children in accordance with paragraph 2 of Article 5 hereof, in places accessible to children 
shall not be permitted without the use of administrative and organizational measures and 
technical software and hardware to protect children from the specified information . 

3. Requirements for administrative and organizational measures and technical software 
and hardware to protect children from information harmful to their health and (or) 
development, established by the authorized government of the Russian Federation, federal 
executive authority. 

4. Turnover of information products containing information prescribed in Article 5 of this 
Federal Law, unsigned information products are not allowed, except for: 

1] textbooks and teaching materials, recommended or permitted for use in the 
educational process in accordance with the legislation of the Russian Federation 
in the field of education; 

2) TV programs, TV shows, broadcast on the air without an appointment; 

3) information products disseminated through radio broadcasts; 
4] information products, demonstrated by the events and shows; 

5) periodicals specializing in dissemination of socio-political or production of a 
practical nature. 

6) information disseminated by means of information and telecommunications 
networks, including the "Internet" except online publications; 

7) Comments and (or) messages placed at their discretion readers online edition 
of the online publication in the manner prescribed by the editors of the media. 

5. In the presence of parents or other legal representatives of children under the age of six 
years, allowed circulation of information products referred to in Article 9 of this Federal 
Law. 

6. Before the start of the demonstration by the spectacular event information products, it 
is assigned a sign of information products. In the case of a demonstration of several types of 
information products for children of different age groups shall be that specified information 
products for children older age category. Specified character is placed on posters and other 
ads on spectacular event, as well as on entrance tickets, invitations and other documents 
entitling to his visit. 



Appendix 28 



APPENDIX 



7. Demonstration by spectacular event information products containing information 
prescribed in Article 5 of this Federal Law, preceded immediately before the spectacular 
event audio message on the inadmissibility or restriction on the presence of such a 
demonstration of children in the appropriate age categories. 

8. Rolling audiovisual work certificate should contain information on the category of the 
information products. 

Article 12. Sign information products 

1. Category designation information products familiar information products and (or) text 
warning about limiting the spread of information products among children is carried out in 
compliance with this Federal Law by the manufacturer, and (or) the distributor as follows: 

1) for the category of information products for children under the age of six 
years - in the form of numbers "0" and "plus" sign; 

2) for the category of information products for children under the age of six 
years - in the form of a figure "6" and "plus" sign and (or) text warnings in the 
form of the phrase "for children over six years"; 

3) for the category of information products for children under the age of twelve 
years - in the form of a figure "12" and "plus" sign and (or) text warnings in the 
form of the phrase "for children over 12 years"; 

4) for the category of information products for children under the age of sixteen 
years - a figure "16" and "plus" sign and (or) text warnings in the form of the 
phrase "for children over 16 years"; 

5) for the category of information products, forbidden for children - a figure "18" 
and "plus" sign and (or) text warnings in the form of the phrase "no children." 

2. Manufacturer, distributor information products placed sign information products and 
(or) text warning on limiting its spread among children before the demonstration of the film 
at the cinema and video services in the manner established by the Government of the 
Russian Federation, federal executive authority. Sign size information products shall not be 
less than five percent of the area of the screen. 

3. Sign size information products shall not be less than five percent of the posters or other 
declaration that appropriate spectacular event, advertisements, film or video screenings, as 
well as the admission ticket, invitation or other document granting the right to visit this 



Appendix 29 



APPENDIX 



event. 

4. Sign information products placed in the published programs of television and radio 
programs, lists and catalogs of information products, as well as to such information and 
products placed in the information and telecommunications networks. 

5. Text warning about limiting the spread of information products among children 
performed in Russian, and in cases stipulated by the Federal Law of June 1, 2005 N 53-FZ 
"On the state language of the Russian Federation", the state languages of the republics 
that are part of the Russian Federation, other Languages of the Russian Federation or 
foreign languages. 

Article 13. Additional requirements for the dissemination of 
information products through television and radio 

1. Information products containing the information prescribed in paragraphs 1 - 5 of Part 
2 of Article 5 of this Federal Law shall not be disseminated through television and radio with 
4:00 to 23 pm local time, with the exception of television and radio programs, television and 
radio access to watch or listen to that carried out exclusively on a fee basis with the use of 
technical devices and decoding in compliance with Parts 3 and 4 of this article. 

2. Information products containing the information prescribed by paragraphs 4 and 5 of 
Article 10 of this Federal Law shall not be disseminated through television and radio with 
7:00 to 21 pm local time, with the exception of television and radio programs, television and 
radio programs, access to view or listening which is carried out exclusively on a fee basis 
with the use of technical devices and decoding in compliance with Parts 3 and 4 of this 
article. 

3. Distribution via television broadcast information products containing information 
prescribed in Article 5 hereof, accompanied by a demonstration of the product information 
sign in the corner of the frame in the manner established by the Government of the Russian 
Federation, federal executive authority in the early broadcast TV programs, TV shows, and 
for each renewal their translation (after an interruption advertising and (or) other 
information). 

4. Dissemination of information through radio products containing information prescribed 
in Article 5 hereof, except to the radio broadcast on the air without an appointment, 
accompanied by the message of limiting the spread of such information products among 
children in early radio broadcast in the manner established by the Government of the 
Russian Federation, federal executive authority. 



Appendix 30 



APPENDIX 



5. When placing announcements or messages through the distribution of broadcasting 
information products prohibited for children who are not allowed to use the specified 
fragments of information products containing information harmful to health and (or) 
development of children. 

Article 14. Features of distribution of information through 
information and telecommunication networks 

1. Access to the information disseminated by means of information and 
telecommunications networks, including the "Internet", in places accessible to children, 
provided by the person organizing access to the "Internet" in such places (except telecom 
operators providing these services due to the basis of contracts for the provision of 
communications services concluded in writing), other persons subject to the application of 
administrative and organizational measures, technical, software and hardware to protect 
children from information harmful to their health and (or) development. 

2. Site in information and telecommunications network "Internet" is not registered as a 
mass medium may contain sign information products (including machine-readable form) 
and (or) text warning on limiting its spread among children, corresponding to one of the 
categories of information products, specified in Paragraph 3 of Article 6 hereof. 
Classification of sites provided by their owners on their own in accordance with the 
requirements hereof. 

Article 15. Additional requirements for the turnover of certain 
information products for children 

1. The informational products for children, including information products disseminated 
through information and telecommunications networks, including the "Internet", and 
mobile telephone communications networks are not allowed to place ads on the 
involvement of children in creating information products that are harmful to their health 
and (or) development. 

2. The content and information decoration products for teaching children in preschool 
educational institutions must comply with the maintenance and decoration of information 
products for children under the age of six years. 

3. Content and decoration prints, printed materials (including notebooks, diaries, book 
covers, bookmarks for books), audio-visual products, other information products used in 
the educational process must meet the requirements of Articles 7 - 10 hereof. 



Appendix 31 



APPENDIX 



Article 16. Additional requirements for the circulation of 
information products, forbidden for children 

1. The first and last page of the newspaper, cover copy printed materials, other printed 
products prohibited for children, for the propagation of unspecified persons in places 
accessible to children shall not contain information harmful to health and (or) development 
of children. 

2. Information products prohibited for children in the form of printed matter is allowed to 
spread in places accessible to children only in sealed packages. 

3. Information products prohibited for children are not allowed to spread to children in 
educational institutions, children' s health, spa, fitness and sports organizations, cultural 
institutions, recreation and rehabilitation of children, or at a distance of less than one 
hundred meters from the border territories of those organizations . 

Chapter 4. Examination information products 



Article 17. General requirements for the examination of 

information products 

1. Examination of information products is carried out by the expert, experts, and (or) 
expert organizations accredited by the Russian Federation authorized federal executive body, 
on the initiative of public authorities, local government bodies, legal entities and individual 
entrepreneurs, public associations and citizens on a contractual basis. In case of 
disagreement with the results of the examination of information products interested person 
may challenge an expert opinion in court. 

2. Authorized by the Government of the Russian Federation, federal executive body carries 
out the procedure established by the accreditation of experts and expert organizations for 
conducting the examination of information products, including the issuance of certificates of 
accreditation, suspension or termination of accreditation certificates issued, keeping a 
register of accredited experts and expert organizations and monitor the activities of 
accredited their experts and expert organizations. 

3. The information contained in the register of accredited experts and expert 
organizations that are open and available for consultation by any natural persons and legal 
persons, except in cases where access to such information is limited in accordance with 



Appendix 32 



APPENDIX 

federal laws. 

4. Authorized by the Government of the Russian Federation, federal executive authority 
puts in information and telecommunications network "Internet" on its official website the 
following information from the register of accredited experts and expert organizations: 

1] full and (if available) the abbreviated name, legal form of legal entity, the 
address of its location, the address locations of the expert activities (for 
accredited expert organizations); 

2) name and (if available) patronymic of the individual entrepreneur, the 
address locations of the expert activities (for accredited experts, individual 
entrepreneurs); 

3) name and (if available) patronymic of the individual, the name and legal form 
of expert organizations and places of activity of the expert (for accredited 
experts who are employees of expert organizations); 

4) the number and date of issue of certificate of accreditation; 

5) the number and date of the order (order official) authorized by the 
Government of the Russian Federation, federal executive body for accreditation 
expert or expert organization; 

6) the type of information products, which may carry out the examination 
accredited expert or expert organization accredited; 

7) information on the suspension or termination of accreditation certificate 
issued. 

5. As an expert, the expert for examination of information products can serve persons who 
have higher education and professional with specialized knowledge, including in the field of 
pedagogy, psychology, physiology age, child psychiatry, except those: 

1) have or had convictions for serious and very serious crimes against persons, 
crimes against sexual inviolability and sexual freedom, against the family and 
minors, intentional crimes against public health and public morality; 

2) are producers, disseminators of information products, passed the 
examination, or their representatives. 

6. The order of examination of information products is established by the Government of 



Appendix 33 



APPENDIX 



the Russian Federation, federal executive authorities in compliance with this Federal Law. 

7. Examination of information products can be carried out by two or more experts from 
one specialty (commission examination) or different specialties (comprehensive 
examination). 

8. Term examination of information products can not exceed thirty days from the date of 
conclusion of the assessment. 

9. Payment for services of experts, expert organizations and compensation incurred in 
connection with the examination of information products shall be charged to the customer's 
expertise. 



Article 18. Expert opinion 

1. Upon completion of the examination of information products is given an expert opinion. 

2. In the expert report shall include: 

1) The date, time and place of examination information products; 

2) information about the expert organizations and experts (surname, first name, 
education, profession, professional experience, the presence of a scientific 
degree, academic rank, position, place of work); 

3) questions posed to the expert, the experts; 

4) research objects and materials submitted for examination information 
products; 

5) the content and results of studies showing techniques; 

6) motivated answers to the expert, the experts questions; 

7) conclusions about the presence or absence of information products 
information harmful to health and (or) development of children of compliance 
or non-compliance of certain categories of information products information 
products, compliance or non-compliance of the sign information products 
information products. 



Appendix 34 



APPENDIX 



3. Expert opinion commission examination signed by all the experts who participated in 
the said examination if their views on the issues raised are the same. In case of 
disagreement, each expert gives a separate expert opinion on the issues which caused 
controversy. Each expert who participated in conducting a comprehensive examination, 
signs part of the expert opinion, containing a description of its research and is responsible 
for it. 

4. Expert opinion made in triplicate to transfer expertise to the customer information 
products for destinations within two business days of signing the expert opinion authorized 
by the Government of the Russian Federation, the federal body of executive power and 
storage from an expert or expert organization for five years. 

5. Information for examination of information products and its results placed authorized 
by the Government of the Russian Federation, federal executive authorities in information 
and telecommunications network "Internet" on their official website within two business 
days of receipt of the expert opinion. 

6. Re-examination of a particular information products allowed in accordance with the 
procedural law, when a court considers disputes connected with the results of the 
examination of information products. 

Article 19. Legal consequences of examination information 

products 

Not later than fifteen days from receipt of the expert opinion the federal executive body 
authorized by the Government of the Russian Federation, decides: 

1) of the failure of information products to the requirements hereof and ordering the 
elimination of the violation, if in the expert opinion conclude that there is in this 
information product information harmful to health and (or) development of children, or 
a sign of lack of information products certain categories of information products; 

2) compliance information products to the requirements hereof and the refusal of 
making referred to in paragraph 1 of this part of the regulations. 

Chapter 5. Control (supervision) in the protection of 
children from information harmful to their health and (or) 
development 



Appendix 35 



APPENDIX 



Article 20. State control (supervision) over observance of the 
legislation of the Russian Federation to protect children from 
information harmful to their health and (or) development 

1. State control (supervision) over observance of the legislation of the Russian Federation 
to protect children from information harmful to their health and (or) development by the 
federal executive body authorized by the Government of the Russian Federation. 

2. State control (supervision) over observance of the legislation of the Russian Federation 
to protect children from information harmful to their health and (or) development shall be 
based on the requirements of the Federal Law of December 26, 2008 N 294-FZ "On 
protection of legal entities and individual entrepreneurs the exercise of state control 
(supervision) and municipal control. " 



Article 21. Social control in protecting children from 
information harmful to their health and (or) development 

1. Registered in accordance with federal law associations and other non-profit 
organizations in accordance with their charters, as well as citizens have the right to exercise 
in accordance with the legislation of the Russian Federation, public control over compliance 
with the requirements of this Federal Law. 

2. In the exercise of social control associations and other non-profit organizations, citizens 
have the right to monitor the turnover of information products and children's access to 
information, including through the creation of "hotlines" 



Appendix 36 



APPENDIX 



Chapter 6. Responsibility for offenses in the field of 
protection of children from information harmful to their 
health and (or) development 



Article 22. Responsibility for offenses in the field of protection 
of children from information harmful to their health and (or) 

development 

Violation of the legislation of the Russian Federation to protect children from information 
harmful to their health and (or) development entails responsibility in accordance with the 
legislation of the Russian Federation. 

Chapter 7. Final Provisions 

Article 23. Method of entry into force of this Federal Law 

1. This Federal Law shall enter into force on 1 September 2012. 

2. The provisions of Paragraph 1 of Article 12 of this Federal Law shall not apply to printed 
materials released into circulation before the coming into force of this Federal Law. 

President 
Russian Federation 
Dmitry Medvedev 



Appendix 37 



APPENDIX 



July 28, 2012 



No 139-FZ 




THE RUSSIAN FEDERATION 



FEDERAL LAW 



On Amending the Federal Law "On Protection of children from information harmful to 
their health and development" and Certain Legislative Acts of the Russian Federation 



Add to Federal Law of 29 December 2010 Na 436-FZ "On the protection of children from 
information harmful to their health and development" (Collected Legislation of the Russian 
Federation, 2011, N 1, p. 48) as follows: 

1) in Article 2: 

a) In paragraph 5, the words "and the information posted in the information and 
telecommunications networks (including network" Internet ") networks and mobile radio 
communications" with the words "by information and telecommunication networks, 
including network" Internet ", and mobile telephone communications networks "; 

b) in paragraph 12, the words "public display, public performance (including by 
broadcasting or cable, entertainment events), accommodation in information and 
telecommunications networks (including network" Internet ") networks and mobile radio 
communications" with the words "public display, public performance (including through 
events and shows), spread by air or cable broadcasting, information and 



Adopted by the State Duma 



July 11, 2012 



Federation Council approved 



July 18, 2012 



Article 1 



Appendix 38 



APPENDIX 



telecommunications networks, including network" Internet ", and mobile telephone 
communications networks"; 

2) in paragraph 4 of Part 1 of Article 4 of the word "supervision and control" shall be 
replaced by the words "control (supervision)"; 

3) Article 6: 

a) in paragraph 1 the words "Part 4 - 5, 8" shall be deleted; 

b) in the first paragraph of Part 3 of the words "(except for the information products 
provided by Part 5 of this article)" shall be deleted; 

c) in paragraph 5 the words "and subject to the procedure established by Federal Law of 
August 22, 1996 N 126-FZ" On State Support of Cinematography of the Russian 
Federation "shall be replaced by the words" and the legislation of the Russian Federation 
on the State Support of Cinematography "; 

d) in part 6, the words "in compliance with the relevant technical regulations" shall be 
deleted; 

4) in Article 11: 

a) Part 4 supplement paragraphs 6 and 7 as follows: 

"6) the information disseminated by information and telecommunication networks, 
including network" Internet "except for online publications; 

7) Comments and (or) messages placed at their discretion readers online edition of the 
online publication in the manner prescribed by the editors of the media. "; 

b) in Part 8 of the words "in the certificate of registration as a media of television and 
radio programs, periodic publication for children" shall be deleted; 

5) in Article 12: 

a) Part 1 is worded as follows: 

"1. Designation categories of information products familiar information products and 
(or) text warning about limiting the spread of information products among children is 
carried out in compliance with this Federal Law by the manufacturer, and (or) the 



Appendix 39 



APPENDIX 



distributor as follows: 

1] for the category of information products for children under the age of six years - 
in the form of'O" and "plus"; 

2) for the category of information products for children under the age of six years - 
as a "6" and "plus" sign and (or) text warnings in the form of the phrase "for 
children over six years"; 

3) for the category of information products for children under the age of twelve 
years - in the form of a figure "12" and "plus" sign and (or) text warnings in the 
form of the phrase "for children over 12 years"; 

4) for the category of information products for children under the age of sixteen 
years - a figure "16" and "plus" sign and (or) text warnings in the form of the 
phrase "for children over 16 years"; 

5) for the category of information products, forbidden for children - a figure "18" 
and "plus" sign and (or) text warnings in the form of the phrase "prohibited for 
children." "; 

b) Part 2 shall read as follows: 

"2. Manufacturer, distributor of information products placed sign information products 
and (or) text warning on limiting its spread among children before the demonstration 
of the film at the cinema and video services in the manner established by the 
Government of the Russian Federation, federal executive authority. Character size 
information products shall be not less than five percent of the area of the screen. "; 

c) add Part 5 as follows: 

"5. Text warning about limiting the spread of information products among children 
performed in Russian, and in cases stipulated by the Federal Law of June 1, 2005 N 
53-FZ "On the state language of the Russian Federation" , the state languages of the 
republics that are part of the Russian Federation and other languages of the Russian 
Federation or foreign languages. "; 

6) in Article 13: 

a) Part 3 shall read as follows: 

"3. Distribution by broadcasting information products containing information 
prescribed in Article 5 hereof, accompanied by a demonstration of the product 
information sign in the corner of the frame in the manner established by the 
Government of the Russian Federation, federal executive authority in the early 
broadcast TV programs, TV shows, as well as each renewal of their broadcast (after 
interruption advertising and (or) other information). "; 



Appendix 40 



APPENDIX 



b) Part 4 shall read as follows: 

"4. Distribution by broadcasting information products containing information 
prescribed in Article 5 of this Federal Law, except for the radio broadcast on the air 
without an appointment, accompanied by the message of limiting the spread of such 
information products among children at the beginning of the radio broadcast in the 
manner established by the Government Russian federal executive authority. "; 

c) Part 5, after the words "when using" the words "or announcements"; 

7) Article 14 shall read as follows: 

"Article 14. Features dissemination through information and telecommunication networks 

1. Access to the information disseminated by means of information and 
telecommunications networks, including network "Internet", in places accessible to 
children, provided by the person organizing access to the "Internet" in such places 
(except telecom operators providing these services due to the basis of contracts for the 
provision of communications services concluded in writing), other persons subject to 
the application of administrative and organizational measures, technical, software and 
hardware to protect children from information harmful to their health and (or) 
development. 

2. Site in information and telecommunications network "Internet" is not registered as a 
mass medium may contain sign information products (including machine-readable 
form) and (or) text warning on limiting its spread among children, corresponding to 
one of the categories of information products, specified in Paragraph 3 of Article 6 
hereof. Classification of sites provided by their owners on their own in accordance with 
the requirements of this Federal Law. "; 

8) Part 1 of Article 15 shall read as follows: 

"1. The informational products for children, including information products 
disseminated by information and telecommunication networks, including network" 
Internet ", and mobile telephone communications networks are not allowed to place 
ads on the involvement of children in creating information products, harming their 
health and (or) development. "; 

9) Article 17 shall read as follows: 

"Article 17. General requirements for the examination of information products 

1. Examination of information products is carried out by the expert, experts, and (or) 
expert organizations accredited by the Russian Federation authorized federal executive 
body, on the initiative of public authorities, local government bodies, legal entities and 



Appendix 41 



APPENDIX 



individual entrepreneurs, public associations and citizens on a contractual basis. In 
case of disagreement with the results of the examination of information products 
interested person may challenge an expert opinion in court. 

2. Authorized by the Government of the Russian Federation, federal executive body 
carries out the procedure established by the accreditation of experts and expert 
organizations for conducting the examination of information products, including the 
issuance of certificates of accreditation, suspension or termination of accreditation 
certificates issued, keeping a register of accredited experts and expert organizations 
and monitor the activities of accredited their experts and expert organizations. 

3. The information contained in the register of accredited experts and expert 
organizations that are open and available for consultation by any natural persons and 
legal persons, except in cases where access to such information is limited in accordance 
with federal laws. 

4. Authorized by the Government of the Russian Federation, federal executive authority 
puts in information and telecommunications network "Internet" on its official website 
the following information from the register of accredited experts and expert 
organizations: 

1) full and (if available) the abbreviated name, legal form of legal entity, the address 
of its location, the address locations of the expert activities (for accredited expert 
organizations); 

2) name and (if available) patronymic of the individual entrepreneur, the address 
locations of the expert activities (for accredited experts, individual entrepreneurs); 

3) name and (if available) patronymic of the individual, the name and legal form of 
expert organizations and places of activity of the expert (for accredited experts who 
are employees of expert organizations); 

4) the number and date of issue of certificate of accreditation; 

5) the number and date of the order (order official) authorized by the Government of 
the Russian Federation, federal executive body for accreditation expert or expert 
organization; 

6) the type of information products, which may carry out the examination accredited 
expert or expert organization accredited; 

7) information on the suspension or termination of accreditation certificate issued. 

5. As an expert, the expert for examination of information products can serve persons 
who have higher education and professional with specialized knowledge, including in 
the field of pedagogy, psychology, physiology age, child psychiatry, except those: 



Appendix 42 



APPENDIX 



1) have or had convictions for serious and very serious crimes against persons, 
crimes against sexual inviolability and sexual freedom, against the family and minors, 
intentional crimes against public health and public morality; 

2) are producers, disseminators of information products, passed the examination, or 
their representatives. 

6. The order of examination of information products is established by the Government of 
the Russian Federation, federal executive authorities in compliance with this Federal Law. 

7. Examination of information products can be carried out by two or more experts from 
one specialty (commission examination) or different specialties (comprehensive 
examination). 

8. Term examination of information products can not exceed thirty days from the date of 
conclusion of the assessment. 

9. Payment for services of experts, expert organizations and compensation incurred in 
connection with the examination of information products shall be charged to the 
customer's expertise. "; 

10) in Article 18: 

a) Part 4 shall read as follows: 

"4. Expert judgment made in triplicate to transfer expertise to the customer 
information products for destinations within two business days of signing the expert 
opinion authorized by the Government of the Russian Federation, the federal body of 
executive power and storage from an expert or expert organization for five years . "; 

b) add Part 5 as follows: 

"5. Information for examination of information products and its results placed 
authorized by the Government of the Russian Federation, federal executive authorities 
in information and telecommunications network" Internet "on their official website 
within two business days of receipt of the expert opinion."; 

c) by adding part 6 as follows: 

"6. Repeated examination specific information products allowed in accordance with the 
procedural law, when a court considers disputes connected with the results of the 
examination of information products."; 



Appendix 43 



APPENDIX 



11] in the title of Chapter 5 of the word "supervision and control" shall be replaced by the 
words "control (supervision)"; 

12) in Article 20: 

a) name, the word "supervision and control" shall be replaced by the words "control 
(supervision)"; 

b) in paragraph 1 the word "supervision and control" shall be replaced by the words 
"control (supervision)," the word "true" to replace the word "done"; 

c) in paragraph 2 the words "supervision and control" shall be replaced by the words 
"control (supervision)," the word "true" to replace the word "done"; 

13) Part 2 of Article 21 shall read as follows: 

"2. When public control associations and other non-profit organizations, citizens have 
the right to monitor the circulation of information products and children's access to 
information, including through the creation of" hot lines. "". 

Article 2 

Article 46 of the Federal Law of July 7, 2003 N 126-FZ "On communication" (Collected 
Legislation of the Russian Federation, 2003, N 28, Art. 2895, 2007, N 7, Art. 835, 2010, N 7, 
Art. 705; N 31, Art. 4190) Section 5 as follows: 

"5. Communications operator providing services to provide access to information and 
telecommunications network" Internet ", obliged to limit and renewed access to 
information disseminated by means of information and telecommunications network" 
Internet "in the manner prescribed by the Federal Law of July 27, 2006 N 149-FZ "On 
Information, Information Technologies and Protection of Information" . ". 

Article 3 

Add to Federal Law of 27 July 2006 N 149-FZ "On Information, Information Technologies 
and Protection of Information" (Collected Legislation of the Russian Federation, 2006, N 31, 
Art. 3448, 2010, N 31, Art. 4196, 2011, N 15, Art. 2038; N 30, Art. 4600) as follows: 

1) Article 2 supplement paragraphs 13 - 18, as follows: 



Appendix 44 



APPENDIX 



"13) in the network's" Internet "- a set of programs for electronic computers and other 
information contained in the information system, which is accessible through the 
network" Internet "domain name and (or) on the network addresses, allowing the 
identification of sites in the network "Internet"; 

14) page site on the "internet" (hereinafter - the webpage) - part of the site on the 
"Internet", which is accessed by a pointer consisting of a domain name and symbols 
defined owner of the site on the "Internet"; 

15) Domain Name - designation symbols designed to address online sites "Internet" in 
order to ensure access to information contained in the network "Internet"; 

16) network address - an identifier in the data network, which determines the provision 
of telematic services subscriber terminal or other means of communication included in 
the information system; 

17) the owner of the site on the "Internet" - a person, alone and in its sole discretion 
determines how to use the site in the "Internet", including the procedure for placing 
information on this site; 

18) hosting provider - a person providing services to provide computing power to 
organize information in the information system, constantly connected to the network 
"Internet". "; 

2) to add Article 151 to read as follows: 

"Article 15 1. Uniform register domain names, indexes pages sites on the" Internet "and 
the network address for the identification of sites of the" Internet ", containing 
information the dissemination of which is prohibited in the Russian Federation 

1. In order to limit access to sites in the network "Internet", containing the 
information the dissemination of which is prohibited in the Russian Federation, 
creating a unified automated information system "Single domain name registry, indexes 
pages sites on the" Internet "and the network address for the identification of sites in 
the network "Internet", containing information the dissemination of which is 
prohibited in the Russian Federation "(hereinafter - the Register). 

2. The register includes: 

1) domain names and (or) Indices pages sites on the "internet" containing 
information which distribution is prohibited in the Russian Federation; 

2) network addresses, enabling the identification of sites in the network "internet" 
containing information dissemination in the Russian Federation is prohibited. 

3. Creation, formation and maintenance of the registry to perform authorized by the 
Government of the Russian Federation the federal executive authority in the manner 



Appendix 45 



APPENDIX 



prescribed by the Government of the Russian Federation. 

4. The federal executive body exercising functions of control and supervision in the 
field of mass media, mass communications, information technology and 
communications, and in accordance with the criteria defined by the Government of the 
Russian Federation, can attract to the formation and maintenance of the registry 
operator Registry - organization , registered in the Russian Federation. 

5. Reasons for inclusion in the register the information specified in paragraph 2 of 
this article are: 

1) decisions authorized by the Government of the Russian Federation, federal 
executive bodies, taken in accordance with their competence in the procedure 
established by the Government of the Russian Federation with respect to distributed 
through a network of "Internet": 

a) materials with pornographic images of minors and (or) announcements 
involving minors as performers to participate in entertainment pornographic; 

b) information about the means, methods of design, manufacture and use of 
narcotic drugs, psychotropic substances and their precursors, field acquisition 
tools such substances and their precursors, the ways and places of cultivation of 
narcotic plants; 

c) information on how to commit suicide, as well as calls to commit suicide; 

2) came into force, the court's decision on the recognition of information 
disseminated via the "Internet" information dissemination in the Russian Federation 
is prohibited. 

6. The decision to include the registry of domain names, indexes pages of sites in the 
network "Internet" and the network address for the identification of sites of the 
"Internet", containing information the dissemination of which is prohibited in the 
Russian Federation, may be appealed by the owner of the site on the "Internet" hosting 
provider, network operator, providing services to provide access to information and 
telecommunications network "Internet", the court within three months from the date of 
such decision. 

7. Within days of the receipt of the notification the registry operator for the inclusion 
of a domain name and (or) the index page of the site in the network "Internet" in the 
register hosting provider must inform the owner of the site served by them in the 
network "Internet" and inform him of the need for the immediate removal web page 
containing information dissemination in the Russian Federation is prohibited. 



Appendix 46 



APPENDIX 



8. Within days of receipt of notification hosting provider for the inclusion of a domain 
name and (or] the index page of the site in the network "Internet" in the register owner 
of the site on the "Internet" is obliged to remove the web page containing the 
information the dissemination of which is prohibited in the Russian Federation . In case 
of refusal or omission of the owner site in the "Internet" hosting provider is obliged to 
restrict access to this site in the network "Internet" during the day. 

9. Unless the hosting provider, and (or) the owner of the site on the "Internet" 
measures specified in paragraphs 7 and 8 of this Article, the network address, which 
identifies the site on the "Internet", containing the information the dissemination of 
which is prohibited in the Russian Federation, is included the registry. 

10. Within days after the roster of network addresses, allowing identification of a site 
on the "internet" containing information which distribution is prohibited in the Russian 
Federation, a communications operator providing services to provide access to 
information and telecommunications network "Internet" is obliged to restrict access to 
such a site in the network "Internet". 

11. The federal executive body exercising functions of control and supervision in the 
field of mass media, mass communications, information technology and 
communications, or attracted to them in accordance with Part 4 of this Article shall 
preclude the registry operator of the registry domain name pointer page site in the 
"Internet "or a network address, which identifies the site on the" Internet ", at the 
request of the owner of the site on the" Internet ", hosting provider or operator, a 
service provider to provide access to information and telecommunications network" 
Internet ", not later than within three days after such treatment measures to remove 
the information, the distribution of which is prohibited in the Russian Federation, or on 
the basis of an enforceable court decision to cancel the decision authorized by the 
Government of the Russian Federation, federal executive authority for inclusion in the 
register a domain name, the index page of the site network "Internet" or network 
addresses, allowing identification of a site on the "Internet". 

12. Order of interaction with the registry operator and hosting provider how to 
obtain access to information contained in the registry service provider providing 
services to provide access to information and telecommunications network "Internet", 
established by the authorized government of the Russian Federation, federal executive 
authority. ". 



Appendix 47 



APPENDIX 



Article 4 



1. This Federal Law shall enter into force on the day of its official publication, except for 
Articles 2 and 3 hereof. 



2. Articles 2 and 3 of this Federal Law shall enter into force on 1 November 2012. 



President of the Russian Federation 
Putin 



Appendix 48 



APPENDIX 



April 5, 2013 Ns 50-FZ 




THE RUSSIAN FEDERATION 

FEDERAL LAW 



On Amendments to Certain Legislative Acts of the Russian Federation with regard to 
limiting the spread of information about minors, victims of illegal actions (inaction) 

Adopted by the State Duma March 22, 2013 

Federation Council approved March 27, 2013 



Article 1 



Add to Law of the Russian Federation of December 27, 1991 Na 2124-1 «0n mass 
media" (Gazette of the Congress of People's Deputies of the Russian Federation and the 
Supreme Soviet of the Russian Federation, 1992, N 7, Art. 300, Laws of the Russian 
Federation, 1995, N 30, Art. 2870, 2000, N 26, Art. 2737; N 32, Art. 3333, 2002, N 30, Art. 
3029, 2005, N 30, Art. 3104, 2006, N 31, Art. 3452; N 43, Art. 4412, 2007, N 31, Art. 4008, 
2011, N 29, Art. 4291; N 30, Art. 4600) as follows: 



1) Article 4 supplement the sixth part as follows: 

"It is forbidden to spread in the media, as well as information and telecommunications 
networks of information about minors who have suffered as a result of illegal actions 
(inaction), including name, surname, patronymic, photos and video of the minor, his 
parents and other legal representatives, date birth of such minor, the audio of his voice, 
his place of residence or temporary residence, place of work or study, and other 
information directly or indirectly allows the identity of the minor, except as provided in 
paragraphs 1-3 of the fourth paragraph of Article 41 of this Law. "; 



2) in Article 41: 

a) the fourth part in the following wording: 

"Editors may not disclose in distributed reports and materials information specified in 



Appendix 49 



APPENDIX 



part six of Article 4 of this Act, except in cases where the dissemination of such 
information shall in order to protect the rights and legitimate interests of the minor 
affected by the illegal actions (inaction). In these cases, such information may be 
distributed to the media, as well as information and telecommunications networks: 

1) with the consent of a minor who has attained the age of fourteen and affected by 
illegal actions (inaction), and his legal representative; 

2) with the consent of the legal representative of a minor who has not attained the age 
of fourteen and affected by illegal actions (inaction); 

3) without the consent of a minor who has attained the age of fourteen, and suffered as 
a result of illegal actions (inaction), and (or) the legal representative of the minor, if the 
agreement is not possible to get it, or if the legal representative of the minor is 
suspected or accused of committing these illegal acts. " ; 

b) add the fifth part as follows: 

"Distribution in the media, as well as information and telecommunications networks 
specified in the sixth part of Article 4 hereof information as it pertains to the minor victim 
of crimes against sexual inviolability and sexual freedom allowed in paragraphs 1 - 3 of 
the fourth part of this Article cases, only to investigate crimes, identify the persons 
involved in the commission of a crime, minors Tracing the extent necessary to achieve 
these goals, and in compliance with the requirements of Articles 161 and 241 of the 
Criminal Procedure Code of the Russian Federation. "; 

3) Paragraph 6 of Section 57, after the words "materials or fragments thereof, common to 
other mass media" the words "(except in the case of sharing information specified in part six 
of Article 4 of this Act)." 

Article 2 



Add to the Russian Federation Code of Administrative Offences (Collected Legislation of the 
Russian Federation, 2002, N 1, p. 1; 2007, N 26, Art. 3089; N 31, Art. 4008, 2010, N 1, p. 1; 
2011 N 30, Art. 4600, 2013, N 8, Art. 720) as follows: 

1) in the first paragraph of Part 1 of Article 6.17 the words "except as provided by paragraph 
2 of Article 13.21 of this Code" with the words "except as specified in paragraph 3 of Article 
13.15 and Part 2 of Article 13.21 of this Code"; 

2) Article 13.15 by adding part 3 as follows: 

"3. Illegal distribution of information about minors who have suffered as a result of illegal 
actions (inaction), or violation of the requirements stipulated by federal law to 



Appendix 50 



APPENDIX 



disseminate such information, if such actions (inaction) do not contain a criminal offense, 
-punishable by an administrative fine on citizens in the amount of three thousand to five 
thousand rubles for officials - from thirty thousand to fifty thousand rubles for legal 
entities - from four hundred thousand to one million rubles with confiscation of the 
subject of an administrative offense. "; 

3) The first paragraph of paragraph 2 of Article 13.21, after the words "harmful to their 
health and (or) development," the words "except as provided by paragraph 3 of Article 13.15 
of this Code." 

Article 3 



Paragraph 1 of Part 5 of Article 15 [1] Federal Law of July 27, 2006 No 149-FZ "On 
Information, Information Technologies and Protection of Information" (Collected Legislation 
of the Russian Federation, 2006, N 31, Art. 3448, 2012, N 31 , Art. 4328) add subparagraph 
"d" as follows: 

"G) information about the minors who have suffered as a result of illegal actions 
(inaction), the distribution of which is prohibited by federal law;". 

Article 4 



Part 2 of Article 5 of the Federal Law of 29 December 2010 No 436-FZ "On the protection of 
children from information harmful to their health and development" (Collected Legislation 
of the Russian Federation, 2011, N 1, p. 48) supplemented with paragraph 8 as follows: 

"8) of minors who have suffered as a result of illegal actions (inaction), including name, 
surname, patronymic, photos and video of the minor, his parents and other legal 
representatives, the date of birth of the minor, the audio of his voice, his place of residence 
or place of temporary residence, place of work or study, and other information directly or 
indirectly allows the identity of the minor. ". 

President of the Russian Federation 
Putin 



Appendix 51 



APPENDIX 



Current (January 13, 2014) Administrative Code 




THE RUSSIAN FEDERATION 

CODE OF ADMINISTRATIVE OFFENSES 

Chapter 6. 

Administrative offenses against the health, sanitary and 
epidemiological welfare of the population & public morals 

Contents of this Chapter of the Administrative Code: 

Note: The full text of the Articles of the Administrative Code that were altered by 135-FZ are 
included below. The complete text of the Articles 6.1 - 6.19 (listed below) can be read at: 
http : / / www.zakonrf.info /koap /g!6/ 



Article 6.1. 

Hiding the source of HIV infection, sexually transmitted disease and contacts, creating the 
risk of infection 

Article 6.2. 

Illegal practice in private medical practice, private pharmaceutical activity or folk medicine 
(healing) 

Article 6.3. 

Violation of the legislation in the field of sanitary and epidemiological welfare of the 
population 

Article 6.4. 

Violation of sanitary and epidemiological requirements for use of premises and public 
spaces, buildings and transport 

Article 6.5. 

Violation of sanitary and epidemiological requirements for drinking water 
Article 6.6. 

Violation of sanitary-epidemiological requirements to cater for the population 



Appendix 52 



APPENDIX 



Article 6.7. 

Violation of sanitary and epidemiological requirements for recreation and health of children, 
their education and training 

Article 6.8. 

Illicit trafficking in narcotic drugs, psychotropic substances or their analogues and illegal 
acquisition, storage, transportation of plants containing narcotic drugs or psychotropic 
substances, or parts thereof containing narcotic drugs or psychotropic substances 

Article 6.9. 

Consumption of narcotic drugs or psychotropic substances without a prescription 
Article 6.10. 

Involving a minor in consumption of beer and drinks made on its basis, alcohol or 
intoxicants 

Article 6.11. 

Prostitution 

Article 6.12. 

Obtaining income from prostitution, if this income is associated with the occupation of 
another person's prostitution 

Article 6.13. 

Promotion of narcotic drugs, psychotropic substances and their precursors, plants 
containing narcotic drugs or psychotropic substances or their precursors, and their parts, 
containing narcotic drugs or psychotropic substances or their precursors 

Article 6.14. 

Abolished 

Article 6.15. 

Violation of rules turnover tools or equipment used for the manufacture of narcotic drugs or 
psychotropic substances 

Article 6.16. 

Violation of rules trafficking in narcotic drugs, psychotropic substances and their precursors 
or storage, registration, sale, transportation, purchase, use, import, export or destruction of 
plants containing narcotic drugs or psychotropic substances or their precursors, and their 
parts, containing narcotic drugs or psychotropic substances or their precursors 

Article 6.16.1. 

Illegal acquisition, storage, transportation, manufacture, sale or transfer of precursors of 
narcotic drugs or psychotropic substances, as well as the illegal acquisition, storage, 
transportation, sale or transfer of plants containing precursors of narcotic drugs or 
psychotropic substances, or parts thereof, containing precursors of narcotic drugs or 
psychotropic substances 



Appendix 53 



APPENDIX 



Article 6.17. 

Violation of the legislation of the Russian Federation to protect children from information 
harmful to their health and [or] development 

Article 6.18. 

Violation of the law on physical culture and sport requirements on prevention of doping in 
sport and combat 

Article 6.19. 

Creating conditions for a legal entity trafficking and (or) the exploitation of children 
Article 6.20. 

Fabrication entity materials or objects with pornographic images of minors and trafficking 
of such materials or objects 

Article 6.21. 

Propaganda unconventional sexual relations among minors 
Article 6.23. 

Involving a minor in the process of tobacco consumption 
Article 6.24. 

Violation of the federal law banning tobacco smoking in selected areas, indoors and objects 
Article 6.25. 

Failure to sign smoking ban, a dedicated and special places for smoking tobacco or 
dereliction of duty to monitor compliance with the legislation in the sphere of protection of 
public health from exposure to environmental tobacco smoke and the consequences of 
tobacco consumption 

Article 6.20 Manufacturing entity materials or objects with 

pornographic images of minors and trafficking of such 
materials or objects 

Manufacture, acquisition, storage, transportation, distribution, public demonstration or 
entity advertising materials or objects with pornographic images of minors 

- Shall entail the imposition of an administrative fine on legal entities in the amount of 
one million to five million rubles with confiscation of materials or objects with 
pornographic images of minors and equipment used for the manufacture of materials 
or objects, or administrative suspension of activity for a period of up to ninety days, 
with confiscation of materials or objects with pornographic images of minors and 
equipment used for the manufacture of such materials or objects. 

1. For an administrative offense under this Article, the legal person shall be liable if the 
offense is committed on behalf of or for the benefit of the legal person by a person 
performing managerial functions in the organization. 



Appendix 54 



APPENDIX 



2. In this article, a person performing managerial functions in the organization, means a 
person who performs the functions of the sole executive body member of the board of 
directors or other collegial executive body and face permanently, temporarily or by special 
authority exercising management or administrative functions in this organization. 

Article 6.21 Promotion of Non-Traditional Sexual Relations 
Among Minors 

1. Propaganda of non-traditional sexual relationships among minors, expressed in the 
dissemination of information aimed at forming non-traditional sexual attitudes among 
minors, attractiveness of non-traditional sexual relationships, distorted image of social 
equality of traditional and non-traditional sexual relationships, or the forced imposition of 
information of non-traditional sexual relationships, which can attract interest to such 
relationships, if these actions do not make up a criminal offence, 

- shall entail the imposition of an administrative fine in the amount of 4,000 to 5,000 
rubles for citizens; in the amount of 40,000 to 50,000 rubles for officials; and in the 
amount of 800,000 to 1,000,000 rubles for legal entities, which can in the latter case be 
replaced by suspension of activity for up to 90 days. 

2. Actions provided for by paragraph 1 of this Article, committed with the use of the mass 
media and(or) information and telecommunication networks (including Internet), if these 
actions do not make up a criminal offense, 

- shall entail the imposition of an administrative fine on citizens in the amount of 50,000 
to 100,000 rubles; for officials - from 100,000 to 200,000 rubles; for legal entities - 
1,000,000 rubles or administrative suspension of activity for up to 90 days. 

3. Actions provided for by paragraph 1 of this Article, committed by a foreign national or a 
stateless person, if these actions do not make up a criminal offense, 

- shall be punishable by a fine of 4,000 to 5,000 rubles followed by administrative 
expulsion from the Russian Federation or administrative arrest for up to 15 days 
followed by expulsion from the Russian Federation. 

4. Actions provided for by paragraph 1 of this Article, committed by a foreign national or a 
stateless person with the use of the media and(or) information and telecommunication 
networks (including Internet) if these actions do not make up a criminal offense, 

- shall be punishable by a fine of 50,000 to 100,000 rubles followed by administrative 
expulsion from the Russian Federation or administrative arrest for up to 15 days 
followed by administrative expulsion from the Russian Federation. 



Appendix 55